Taiwanese civil aviation pilots were awarded NT$640,000 for drinking before driving

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 Taiwanese civil aviation pilots were awarded NT$640,000 for drinking before driving


BEIJING, Dec. 11 (CNN) -- According to Taiwans Joint News, Taiwanese Far Eastern Airlines pilot Ye Xingfu was detected drinking before his flight on March 7, 2017. Taiwan Far East Airlines dismissed Ye Xingfu and filed a complaint, claiming 20629842 yuan (NT, the same below). Taipei District Court ruled that Ye Xingfu had to pay more than 640,000 yuan. Ye Xingfu refused to appeal and the Taiwan High Court rejected the appeal on December 11, 2018.

Taiwan Far Eastern Airlines believes that the incident cost the company at least 20 million yuan, but Ye Xingfu believes that the average age of MD82/83 is more than 20 years. Consumers consider the risk of old aircraft, the risk that the companys financial constraints may lead to grounding, and Taiwans Civil Aviation Administration restricts the flight hours of Taiwan Far Eastern Airlines. Airline revenue declined.

Ye Xingfu signed a pilot employment contract with Taiwan Far East Airlines on June 6, 2016, and was formally appointed as a pilot three months later. On March 7, 2017, Ye Xingfu was found to have drunk alcohol before flying, which was a clear violation.

Taiwan Far East Airlines fired Ye Xingfu. Ye Xingfu resigned after less than five years of service. He was compensated about 629842 yuan, and this incident caused flight delays of Taiwan Far East Airlines. He was asked to send pilots to fly by high-speed rail. Therefore, Ye Xingfu was compensated for 641316 yuan.

The second instance of Taiwans High Court held that it was reasonable for Taiwan Far East Airlines to provide pilotstraining for Ye Xingfu and to bear the training costs, and to consider maintaining safety and avoiding affecting fleet dispatch. It also agreed with Ye Xingfu that the minimum service life of five years and that Ye should be liable for breach of contract.

Ye Xingfu can not prove that the liquidated damages are too high, and he will be dismissed because he drinks on his own, the responsibility is on Ye Xingfu. At that time, the alcohol concentration in Ye Xingfu exceeded the safety flight standard. Taiwan Far East Airlines temporarily changed its pilots and delayed flights. The claim for compensation was reasonable. Ye Xingfu could not appeal again.

Ye Xingfu was in the driving position of Taiwanese Fuxing Airlines A320, but he did not follow the standard operating procedures when he landed on Feb. 27, 2016, which affected safety. Renaissance Airlines decided that he was not suitable for the position of captain. It punished and transferred him. Later, it terminated the labor contract with Ye Xingfu. Shilin Lands Court ruled that Ye Xingfu and others should compensate Renaissance Airlines for 1.2 million yuan jointly and severally. The case is pending appeal.

Source: Han Jiapeng_NN9841, Responsible Editor of CNN