| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 148/03 |
| Hearing date | 16 Oct 2002 - 18 Oct 2002 (2 days) |
| Determination date | 23 May 2003 |
| Member | A Dumbleton |
| Representation | K Peterson ; R McCabe |
| Location | Auckland |
| Parties | Simuflight (NZ) Ltd v Robertson |
| Summary | UNJUSTIFIED DISADVANTAGE - Suspension - Suspended for speaking improperly to student and health and safety concerns - Alleged unjustified demotion - Required to have 'A' category rating - Failed exam but given opportunity to re-sit - Demoted before re-sit - No justification for demotion - Suspended without opportunity to be heard - Unjustified disadvantage established - UNJUSTIFIED DISMISSAL - Alleged serious breach of health and safety - Failure to give correct fuel amounts and flight time instructions - Alleged harassment of student - No evidence of harassment - Dismissal for breach of health and safety justified - GOOD FAITH - Respondent previously ignored interim reinstatement order - Actions meant had not participated in manner likely to have resolved issues - Flying instructor |
| Result | Application granted (Unjustified disadvantage) ; Application dismissed (Unjustified dismissal) ; Compensation for humiliation etc (Quantum reserved) ; Costs reserved |
| Statutes | ERA s181 |
| Number of Pages | 12 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |