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latest news in employment law

Air NZ demonstrates correct dismissal procedures


Published 17 Jan 2016

A former flight attendant who took Air NZ all the way to the Employment Court has failed in her bid for compensation after being dismissed.

In a string of incidents and allegations of misconduct culminating with the pilot of one flight considering having her removed from a flight. She was dismissed following an investigation process and soon after raised a personal grievance for unjustified dismissal with the Employment Relations Authority (ERA).

The hearing with the ERA found in favour with the decision to terminate by Air NZ stating the employee had not engaged in good faith with the employer by refusing to attend formal meetings and refusing to attend a medical practitioner following taking sick leave due to 'workplace stress'.

This decision was then appealed by the ex-employee and taken to the Employment Court for re-consideration in July 2015. Judge Mark Perkins again threw out her claims noting that when giving evidence in court she had been deliberately misinterpreting questions to give vague answers. He found it difficult to understand her stance and believed Air NZ were well within their rights to start disciplinary action against her.