| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 49/05 |
| Hearing date | 12 Jul 2004 - 13 Jul 2004 (2 days) |
| Determination date | 14 February 2005 |
| Member | R A Monaghan |
| Representation | P Wicks ; K Thompson |
| Location | Auckland |
| Parties | Berger and Anor v Air New Zealand Ltd |
| Other Parties | Marshall |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct - Alleged applicants had been drinking while on duty – Co-worker alleged saw applicants drinking/with glasses of wine during flight – Alleged first applicant said he had “something nice” to go with ice cream and then second applicant produced wine – Alleged was offered glass of dessert wine - Whether “something nice” referred to the ice cream itself - Claims denied and said were drinking apple juice – Alleged was serving wine to passengers – Alleged poured glass of dessert wine to show co-worker features of the wine - Alleged co-worker’s allegations motivated by second applicant seeing her place cheese and crackers into aircraft sick bag and by co-worker’s wish to obtain permanent position at respondent – Applicant's explanations disbelieved – Reasonably open to respondent to conclude second applicant served dessert wine to co-workers – Reasonable grounds for concluding other liquid applicants seen with was wine – Dismissals justified - In-flight service director and flight attendant |
| Result | Application dismissed ; Costs reserved |
| Number of Pages | 17 |
| PDF File Link: | aa 49_05.pdf [pdf 39 KB] |