Air NZ at fault over worker's breakdown, says ERA

Air New Zealand faces a potentially costly payout following its treatment of an employee who suffered a breakdown after getting no respite from a heavy workload.

Shelley Rosenberg, who started at the airline in 1995, was constructively dismissed in 2004 after a tumultuous few years in a demanding job, the Employment Relations Authority (ERA) has found.

She is seeking costs of over $70,000, claiming the airline failed to address her unrealistic work demands, despite her numerous requests.

In a 60-page report released today, ERA representative Leon Robinson concluded the situation led to Rosenberg suffering a breakdown in 2001.

Her role as agency/commercial sales support supervisor was identified as being unmanageable for her.

The role chopped and changed to compensate for her ill-health up until she left the company.

Rosenberg said Air NZ had made her redundant and dissuaded her from re-applying for her initial job on the grounds of her health.

But Air NZ maintained Rosenberg resigned and had declined "reasonably similar alternative employment".

It said Rosenberg did not have the right to unilaterally declare herself redundant and thereby become entitled to redundancy compensation.

The airline did not accept other claims including that her contract was breached

Rosenberg is seeking compensation of $50,000 for hurt feelings and humiliation, exemplary damages of $20,000, along with redundancy compensation, medical expenses, damages for contract breaches and costs.

The ERA report said when Ms Rosenberg's workload started getting out of hand, managers at Air NZ assessed and accepted the situation, but the airline failed to respond to their suggestions about how the issue could or should be remedied.

The airline also failed to take steps to ensure she was provided with a safe work place, and concluded she was eventually constructively dismissed.

The decision leaves the airline liable for damages and compensation for personal grievance, and the parties have been invited to resolve the costs between themselves.

If no resolution can be reached the parties will need to submit memorandum to the ERA over the issue. The same applies over costs.

- NZPA