| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 433/09 |
| Hearing date | 23 Deb 2009 - 4 May 2009 (3 days) |
| Determination date | 04 December 2009 |
| Member | Y S Oldfield |
| Representation | P Wicks ; K Thompson |
| Location | Auckland |
| Parties | Wulff v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Respondent argued lost trust and confidence in applicant to follow standard operating procedures (“SOP”) – Argued applicant signalled intention to take seat and fasten seat belt when seatbelt sign on, rather than comply with SOP to continue normal duties pending instruction to do otherwise – Argued on one occasion carried through intention – Applicant accepted blanket policy of sitting down when light on unacceptable – However, claimed SOP subject to proviso cabin crew to sit if felt unsafe – Also claimed respondent’s actions wrongly influenced by “overarching consideration” of applicant’s senior leadership role with Flight Attendants and Related Services Association (“FARSA”) – Authority found respondent did not have a sufficiently firm foundation for conclusion applicant could not be relied upon to follow SOP – Found respondent’s decision maker in disciplinary process erred in considering applicant’s role in FARSA – Dismissal unjustified – Found independent finding of discrimination not warranted – REMEDIES – Authority reminded by respondent aircraft crew in flight subject to formal hierarchy and like passengers placed full trust in pilot – Found applicant’s approach to flight captain and conversation which ensued highly inappropriate – Found applicant displayed poor judgement and lack of insight – Found apparent in applicant’s responses trivialised seriousness of respondent’s underlying concerns – Authority declined orders for compensation or lost earnings in light of significant contributory conduct – However, did not preclude reinstatement – Reinstatement ordered – Flight attendant |
| Result | Application granted ; Reinstatement ordered ; Compensation for humiliation etc (reduced to 0) ; Reimbursement for lost wages (reduced to 0) ; Lost wages (from date of determination to date of reinstatement) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand Ltd v Hudson [2006] ERNZ 415;Angel v Fonterra Co-operative [2006] ERNZ 1080 |
| Number of Pages | 26 |
| PDF File Link: | aa 433_09.pdf [pdf 86 KB] |