| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 409/04 |
| Determination date | 15 December 2004 |
| Member | V Campbell |
| Representation | R Harrison ; K Thompson |
| Location | Auckland |
| Parties | McAlister v Air New Zealand Ltd |
| Summary | PRACTICE AND PROCEDURE - Application for removal of matter to Employment Court – Applicant claimed was demoted when turned 60 with corresponding reduction in remuneration constituting age discrimination or unjustified disadvantage - Applicant also claimed that prior to turning 60 respondent failed to permit him to bid for annual leave and denied him opportunity to take annual leave during preferred time – Alleged action discriminatory or unjustified disadvantage – Alleged important question of law in relation to alleged discrimination and alleged demotion – Principles in NZ Amalgamated Engineering, Printing and Manufacturing Union v Carter Holt Harvey Limited (cited below) applied – Nothing in case that would have made it more amenable to adversarial process – Able to offer prompt investigation – No inevitability of challenge - Application for removal declined |
| Result | Application dismissed ; No order for costs |
| Cases Cited | Air New Zealand Ltd v Rush [2003] 2 ERNZ 344;NZ Amalgamated Engineering, Printing & Manufacturing Union Inc v Carter Holt Harvey Ltd [2002] 1 ERNZ 74;Rush v Air New Zealand Ltd unreported, D King, 5 December 2002, AA 353/02;Smith v Air New Zealand Ltd [2000] 2 ERNZ 376 |
| Number of Pages | 4 |
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