| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 45 |
| Hearing date | 1 Sep 2010 - 2 Sep 2010 (2 days) |
| Determination date | 03 February 2011 |
| Member | R A Monaghan |
| Representation | R Harrison ; K Thompson |
| Location | Auckland |
| Parties | Milne v Air New Zealand Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Incapacity – 38 years service – Applicant claimed unjustifiably dismissed by respondent following period of long term sick leave – Applicant expressed interest in securing position on ground rather than returning to flying duties following allegations of harassment – Applicant declared unfit to fly – Applicant invited to attend meeting about medical certificate regarding fitness to fly – Applicant instructed to provide updated CV and consult intranet for alternative positions – Applicant reluctant to accept computer work due to occupational health issues – Applicant considered fit for clerical role – Applicant’s computer skills basic and only suitable for lower level role than previously held – Applicant advised no alternative positions available so employment terminated – Authority found dismissal occurred before s103A Employment Relations Act 2000 came into force – Found justification to be addressed with reference to law at time – Applicant claimed respondent should have completed rehabilitation programme – Applicant claimed process which led to dismissal did not take into account psychological condition – Applicant claimed no genuine or constructive approach taken to availability of suitable alternative ground-based position – Found rehabilitation plan entered for purpose of easing applicant’s return to work – Found respondent not under any obligation to complete rehabilitation plan – Found no mental disability obvious to respondent during discussions – Found two alternative roles identified – Found respondent justified in considering roles not suitable – Found dismissal process fair – Dismissal justified – Flight Attendant |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Airline Stewards and Hostesses IUOW v Air New Zealand [1990] 3 ERNZ 584;Lang v Eagle Airways Limited [1996] ERNZ 574;Lewis v Howick College Board of Trustees [2010] NZEMPC 4;W & H Newspapers Limited v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 23 |
| PDF File Link: | 2011_NZERA_Auckland_45.pdf [pdf 69 KB] |