Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 86/07
Hearing date 22 Mar 2007
Determination date 25 July 2007
Member P Montgomery
Representation R McCabe ; K Thompson
Location Nelson
Parties Neill v Air Nelson Ltd
Summary UNJUSTIFIED DISADVANTAGE – Applicant claimed Flight Operations Manager (“G”) passed erroneous information to Civil Aviation Authority (CAA) which led to suspension and disqualification of applicant’s flight certificate – G discovered applicant stressed and receiving counselling – Informal meeting between applicant and G – Applicant agreed to G’s recommendation to take few weeks off and check blood pressure – G discussed matter with Air New Zealand Medical Officer who recommended one month stand down – Applicant’s own doctor found blood pressure normal – Applicant advised by email of 4 week minimum stand down period and must obtain new certificate before return – G informed CAA of applicant’s stand down due to depression and said applicant receiving “psychiatric counselling” – CAA suspended then withdrew applicant’s certificate – Applicant claimed seriously disadvantaged as would need to disclose withdrawal of certificate to future prospective employers – Authority found G acted in good faith in responsibilities under CAA Rules and his view of best interests of applicant and airline – However, G erroneously linked applicant’s counselling to health and employment – Information supplied to CAA erroneous – Unfair treatment by employer, who conveyed inaccurate information arising in informal meeting with serious and ongoing consequences – G failed to establish facts accurately by acting without further consultation with applicant – Applicant’s flying career tagged as direct result of respondent’s actions in respect of applicant’s Class 1 certificate - Remedies – Claim of $5,000 moderate given applicant engaged for 13 years – Parties directed to quantify and resolve expenses incurred by applicant - First Officer
Result Application granted ; Compensation for humiliation etc ($5,000) ; Quantum of expenses to be determined by parties (payable to applicant) ; Costs reserved
Main Category Personal Grievance
Statutes Civil Aviation Act 1991
Number of Pages 6
PDF File Link: ca 86_07.pdf [pdf 33 KB]