Qantas pilot blames CASA’s sharing of complaint for loss of licence

A Qantas pilot is suing the Civil Aviation Safety Authority for defamation for sharing damaging ‘anonymous complaint’.

Pilot Nathaniel Whitehall, who is taking legal action against the Civil Aviation Safety Authority. Picture: Bob Finlayson.

A Qantas pilot is suing the Civil Aviation Safety Authority for defamation over a damaging “anonymous complaint” that was shared with management and other senior pilots, leading to his ­licence being suspended.

Nathaniel Whitehall, 49, who is a second officer on Qantas A380s, filed the claim in the District Court of NSW on Friday, naming CASA as the respondent.

Mr Whitehall claims a neighbour with whom he clashed used CASA’s confidential and anonymous ­online ­reporting system to make a series of complaints in May, July and ­August last year.

The complaint claimed Mr Whitehall had a mental health condition and likened him to the pilot of the Germanwings aircraft that was deliberately crashed into the French Alps in 2015, killing all 150 people on board.

As a second officer, Mr Whitehall would never be in the cockpit alone on an A380 and is not permitted to fly under 10,000 feet.

Mr Whitehall alleges his pilot’s licence was suspended by CASA in October without him being given the opportunity to defend himself or prove the accusations made by his neighbour were false.

He applied to the Administrative Appeals Tribunal to have his suspension overturned but a hearing is yet to be held.

Mr Whitehall also claims in documents submitted to the court that CASA “published the reports in their entirety to the ­applicant’s employer, Qantas Airways Limited”.

“By reason of the publication of the matters complained of, (Mr Whitehall) has been injured in his credit, character, reputation and profession and has been brought into public disrepute, professional disrepute, scandal, odium and contempt,” the claim said.

“(Mr Whitehall) claims general damages, together with interest, for consolation, reparation and vindication, and special damages for the loss of income in his profession as an airline pilot.”

In a letter to opposition transport spokesman Anthony Albanese, seen by The Australian, Mr Whitehall said he worked very hard to achieve a “spot” in Qantas, “which is quite literally the pinnacle of aviation”.

“I have not done anything wrong. I have worked hard at Qantas. My Qantas record is ­unimpeachable,” he writes.

A CASA spokesman said the authority would not comment on the medical fitness of individuals or cases in which it may be a party.

Regarding the confidential and anonymous reporting system, the spokesman said that following the Germanwings tragedy, CASA had streamlined the process for handling reports of safety concerns ­involving pilots.

“These processes include making contact with the person who is the subject of a report, with a CASA medical officer normally telephoning the individual involved,” he said.

“Depending on the circumstances and in the interests of ­safety, CASA may initiate certain action on a precautionary basis.”

The CASA spokesman said if action were taken to vary, suspend or cancel a person’s medical certificate or any other authorisation, the individual involved would be formally notified.

CASA has launched legal ­action to force Mr Whitehall to ­return copies of the “confidential complaints” relating to him, on the basis that he was not entitled to have them.

Mr Whitehall denies any wrongdoing.

A Qantas spokesman said the defamation action did not directly involve the airline and the company did not comment on individual employee matters.