| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 29/10 |
| Hearing date | 4 Sep 2009 - 5 Sep 2009 ( 2 days) |
| Determination date | 25 January 2010 |
| Member | L Robinson |
| Representation | R McCabe ; K Thompson |
| Location | Auckland |
| Parties | Hamilton v Zeal 320 Ltd (Formerly Freedom Air Ltd) |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed appointment of less senior pilot to captain position caused unjustified disadvantage – Claimed respondent’s failure to provide training caused disadvantage – Applicant ranked higher than another employee (“M”) – Under former collective employment agreement (“CEA”) applicant preferred over M for captain position due to seniority – Applicant expressed interest in captain position – Applicant failed command assessment programme (“CAP”) therefore not eligible – Following year, applicant submitted bid for position – Applicant failed CAP – M passed CAP – Applicant subsequently withdrew bid – M provisionally appointed to position however failed sector route check – Applicant advised by respondent once performed 500 hours would receive captain training – M received captain training ahead of applicant – New CEA ranked applicant ahead of M for position – M successfully completed captain training and formally promoted to position – Applicant raised personal grievance – Applicant claimed respondent’s failure to provide captain training caused disadvantage – Authority found claim not raised out of time – Applicant claimed M’s promotion ahead of applicant caused disadvantage – Claimed M failed required training therefore not eligible for position - Found when M appointed provisional capital no CEA in force – Found absence of CEA meant no contractual provision governing succession to final appointment - Found applicant’s withdrawal of bid enabled M to succeed in captain position ahead of applicant – Found M passed training as failed sector route check not relevant to passing training – Found M entitled to promotion – Found no captain vacancy once applicant completed 500 performance hours – Found no disadvantage - Found even if found disadvantage, disadvantage not unjustified – Pilot |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 15 |
| PDF File Link: | aa 29_10.pdf [pdf 41 KB] |