| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 360A/04 |
| Hearing date | 1 Nov 2004 |
| Determination date | 08 November 2004 |
| Member | A Dumbleton |
| Representation | R Parmenter ; K Thompson |
| Location | Auckland |
| Parties | Craigie v Air New Zealand Ltd |
| Summary | INJUNCTION - Interim reinstatement - Alleged unjustified dismissal for serious misconduct - Three incidents relied upon for summary dismissal - Criminal charges in 1996 - Conviction for assault in 2001 - Convictions under Civil Aviation Act 1990 in relation to operation of home-built aircraft in 2001 - Actions outside work hours - Arguable case - Decision to dismiss was for totality of series of unconnected actions on part of applicant - Question about justification for dismissal if respondent's conclusion about seriousness of some actions unreasonable - Arguable no reasonable basis for dismissal as Director of Civil Aviation Authority had reviewed applicant and did not take away licence - Arguable that no reasonable basis on which respondent could be concerned about applicant's judgment when had favourable psychologist report - Applicant had not flown since February 2002 so alternative remedies adequate if applicant successful - Applicant's integrity and reputation tarnished by actions - Media publicity - Balance of convenience favoured respondent - Garden leave not reinstatement within meaning of statute - Unable to order garden leave without respondent's consent - Strongly arguable that flying aircraft without required airworthiness certification was conduct striking at heart of employment relationship - Respondent had strong case for showing actions in relation to home-built aircraft amounted to serious misconduct - Overall justice favoured respondent - Interim reinstatement declined - Pilot |
| Result | Application dismissed ; Costs reserved |
| Statutes | Civil Aviation Act 1990 s10;ERA s3;ERA s101(c);ERA s125;ERA s127;ERA s159 |
| Cases Cited | Air New Zealand v Samu [1994] 1 ERNZ 93;North Island Wholesale Groceries Ltd v Hewin [1982] 2 NZLR 176 |
| Number of Pages | 10 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |