| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 252/03 |
| Hearing date | 21 Jul 2003 |
| Determination date | 19 August 2003 |
| Member | J Scott |
| Representation | A Henley ; G Norton |
| Location | Auckland |
| Parties | Leathley v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged consumption of alcohol and smoking in-flight and unsafe flight behaviour - Sick leave due to depression and stress - Applicant told respondent only that was suffering from stress - Received anonymous letter from co-workers setting out their concerns - Management aware of letter and began formal investigation - Applicant admitted breached door disarming procedures but denied smoking or drinking in-flight - Applicant admitted depression and alcohol dependency and asked for respondent's help - Suspension - No opportunity to comment gave rise to grievance but no remedy available - Thorough investigation by respondent was to applicant's advantage - Reports by First Officer and Captain no disadvantage - Difference in treatment to other workers explained - Decision to dismiss open to fair and reasonable employer - Dismissal justified - In-flight service director |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Air New Zealand v Samu [1994] 1 ERNZ 93;BP Oil NZ Ltd v National Distribution Union [1989] 3 NZILR 276;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;Petersen v Board of Trustees Of Buller High School [2002] 1 ERNZ 139;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 11 |
| PDF File Link: | aa 252_03.pdf [pdf 45 KB] |