| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 179/02 |
| Hearing date | 10 Jun 2002 |
| Determination date | 13 June 2002 |
| Member | WRC Gardiner |
| Representation | D France ; R Towner |
| Location | Auckland |
| Parties | Ryan v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Whether dismissal substantively justified - Dismissed for failures of safety exams - Alleged disparity of treatment - Claimed co-workers failed exam above threshold - Co-workers did not fail required three times - Alleged rule change for exam results should have applied to initial failure - Could not retrospectively apply rule change - Initial failure before rule change - Whether lack of computer literacy made exams unfair - Had passed exams via computer test previously - Claimed retraining instead of dismissal was appropriate - Retraining not correct procedure for maximum failures - Alleged reduction in exam requirements should have applied retrospectively - Rules could not alter pre-existing position - Dismissal justified - Flight attendant |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air New Zealand Ltd [1985] ACJ 952;Cooke v Tranz Rail Ltd [1996] 1 ERNZ 610;Makatoa v Restaurant Brands (NZ) Ltd [1999] 2 ERNZ 311;NZFP Pulp & Paper Co Ltd v Horn [1996] 1 ERNZ 278;Rapana v Northland Co-Operative Dairy Company Ltd [1998] 2 ERNZ 528;Samu v Air New Zealand Ltd [1995] 1 ERNZ 636;Sutherland v Air New Zealand Ltd [1993] 2 ERNZ 386 |
| Number of Pages | 16 |
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