ERA says Air NZ acted as a 'fair, reasonable' employer
The Employment Relations Authority (ERA) has dismissed claims by six former Air New Zealand flight attendants who alleged they were unjustifiably dismissed for refusing to comply with statutory COVID-19 vaccination requirements.
The case stemmed from the government's July 2021 amendment to the COVID-19 Public Health Response (Vaccinations) Order, which required international airline crew to be vaccinated against COVID-19.
Air NZ, in response, notified its staff of the new requirements, invited affected employees to discuss their options, and explored alternatives such as redeployment and leave without pay.
Despite these efforts, six international flight attendants declined to be vaccinated. As a result, Air NZ subsequently terminated their employment in October 2021.
The dismissed employees, represented by legal counsel, argued at the ERA that the airline had failed to provide reasonable alternatives, did not properly consider exemptions, and had breached its obligations under the Health and Safety at Work Act 2015.
Air NZ acted fairly, reasonably
But the ERA ruled that Air New Zealand had acted as "a fair and reasonable employer in all the circumstances at the time."
"Air New Zealand followed a relatively sound process of engagement with its staff (including the applicants) both before and after the Order amendments," the ERA said in its ruling.
It rejected the applicants' argument that their roles had become redundant.
"The main reason for this was Air New Zealand had not shut down all or part of its operation and there was no requirement for the permanent reduction of flight attendants. But for their vaccination status, the applicants would have continued to be employed by Air New Zealand," it said.
The Authority also found that Air New Zealand had sufficiently explored alternatives to dismissal, including redeployment and leave without pay, but these options were declined by the applicants.
"The evidence showed, Air New Zealand's 'leave without pay' proposal was sufficiently explained to the applicants and was declined," the decision stated.
The ERA added that the applicants' refusal to vaccinate meant they could not lawfully perform their roles under the amended government order.
"For reasons previously stated, Air New Zealand's process and its reasons for ending the employment relationship with the applicants were actions of a fair and reasonable employer in all the circumstances at the time. The applicants had not established grounds for personal grievances for unjustified dismissal."
