| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 351/09 |
| Hearing date | 7 - 8 Jul 2009 (2 days) |
| Determination date | 05 October 2009 |
| Member | J Wilson |
| Representation | L Keys ; K Thompson |
| Location | Auckland |
| Parties | MacArthur v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Incapacity – Following concerns raised by respondent, applicant disclosed to company’s medical officer addicted to BZP party pills – Applicant travelled to United States for rehabilitation and on return entered into recovery agreement with respondent – Recovery agreement provided applicant with alternative duties – Respondent maintained applicant’s employment well beyond initial three months indicated for review – Respondent indicated after 12 months rehabilitation and ongoing employment could not continue indefinitely – Applicant sought independent advice as to prognosis – Prognosis recommended further time required for reassessment – Respondent subsequently indicated applicant’s ongoing employment contingent on finding alternate duties – Respondent organised HR support and counselling to help applicant with process – Applicant argued emphasis on finding ongoing employment indicated respondent predetermined applicant would not return to flying duties – Authority rejected claim – Review process delayed due to applicant’s ill health and failure to attend prearranged meeting – Applicant dismissed as not fit to fly at reassessment date provided in recovery agreement – Respondent claimed applicant had not fulfilled contractual duties for almost 2 years and still not fit to fly – Found fair and reasonable employer would not have continued to employ applicant – Dismissal justified – PENALTY – Applicant argued unjustified disadvantage in release of confidential medical information to managers – Found release of information appropriate – Found release of information required for recovery agreement – Applicant gave medical advisors general permission to share information upon entering recovery agreement – No disadvantage – Penalty not appropriate – Flight attendant |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s125 |
| Cases Cited | Air New Zealand Ltd v V unreported, Colgan CL, Couch J, Shaw J, Travis J, 2 March 2009, AC15/09;Barnett v Northern Regional Trust Board of The Order of St John [2003] 2 ERNZ 730;Hoskin v Coastal Fish Supplies Ltd [1985] ACJ 124 |
| Number of Pages | 17 |
| PDF File Link: | aa 351_09.pdf [pdf 47 KB] |