| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 460/05 |
| Hearing date | 4 Nov 2005 |
| Determination date | 01 December 2005 |
| Member | R A Monaghan |
| Representation | A Flexman ; A Caisley |
| Location | Auckland |
| Parties | Waldron v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Applicant worked on aircraft operated by client of respondent – Dismissed because of text message sent to ex girlfriend who was employee of client's cabin crew – Respondent considered text message amounted to threat to airline safety and security – Respondent contacted about message – Alleged implied threat to client’s operations – Suspension – Flaws in disciplinary process – Did not properly consider applicant’s explanations – Words in message not so clear and unequivocal on their face that peremptory rejection of explanation was justified – Doctor’s reports indicated did not think applicant posed a threat – Client told respondent did not want applicant immediately back working on its aircraft, but did not say it did not want him working on aircraft at all – No dispute that message could be read as threat but respondent should have considered possibility of alternative reading of message – Conclusion that applicant intended to convey a threat not supported by evidence – Decision to dismiss not open to employer acting fairly and reasonably – Remedies - Reinstatement ordered – Applicant accepted he had acted foolishly while in state of distress over relationship break up – Given importance of safety may be appropriate for respondent to monitor applicant’s behaviour for period upon reinstatement – No award for compensation due to contribution - Aircraft engineer |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages ($33,852.04)(28 weeks) ; Costs reserved |
| Cases Cited | Graham v Airways Corporation of New Zealand Ltd [2005] 1 ERNZ 587 |
| Number of Pages | 10 |
| PDF File Link: | aa 460_05.pdf [pdf 62 KB] |