| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 147/07 |
| Hearing date | 20 Nov 2006 |
| Determination date | 16 May 2007 |
| Member | R Arthur |
| Representation | M Talbot ; K Thompson |
| Location | Auckland |
| Parties | Talbot v Air New Zealand Ltd |
| Summary | DISPUTE - Applicant sought declaration regarding status of accommodation arrangements when required to stay in London while on duty - Respondent provided alternative accommodation when applicant considered staying near United States Embassy a safety risk - Argued provision of alternative accommodation became term of employment that respondent unable to end without agreement - Respondent submitted complied with all requirements to provide appropriate accommodation and ended alternate arrangement after assessing security risk of staying near embassy as low - Denied arrangement amounted to term of employment - Respondent's response to concerns raised by pilots was open offer to make different accommodation arrangements - Language used, and subsequent conduct of parties, meant arrangement amounted to individual term of applicant's employment - Change required agreement - Respondent's submission no consideration for variation and terms uncertain not accepted - Respondent's argument applicant's concerns did not meet objective standard required for reasonable fears for health and safety accepted - However, alternative offered in response to subjective concerns - Submission applicant should have reduced risk by trying to get fewer tours to London rejected - Respondent's unilateral termination of arrangement breached term - Remedies - Applicant quantified loss as being costs he incurred staying at alternate hotel after arrangement ended - Respondent to reimburse applicant at rate would have paid under arrangement - Exchange rate to be taken at midday on date of determination - By time of investigation meeting respondent advised would use new hotel for applicant's class of pilot, no further orders required - Non-publication order relating to certain evidence on security arrangements - Pilot |
| Result | Question answered in favour of applicant ; Damages (Quantum to be determined) ; Orders accordingly ; Costs reserved |
| Main Category | Dispute |
| Statutes | ERA s61;ERA Second Schedule cl10 |
| Cases Cited | Fuel Espresso Ltd v Hsieh [2007] 2 NZLR 651 ; [2007] ERNZ 60 |
| Number of Pages | 7 |
| PDF File Link: | aa 147_07.pdf [pdf 43 KB] |