“This was one Covid vaccine-related case we chose to run,” NZALPA president Andrew McKeen told the Herald.
“All Phil was asking for was to be placed on leave without pay to preserve his employment.”
McKeen said it would have been reasonable and appropriate for Jetconnect to explore alternatives to termination.
“Other employers we were working with at the time facilitated leave without pay in similar circumstances. It was an unnecessary early termination to a career.”
McKeen added: “We now hope Phil is able to finish his career on his own terms.”
Tighe-Umbers has been approached for comment through other intermediaries.
The court heard he was one of the most senior pilots for Jetconnect.
Tighe-Umbers provided a medical certificate saying he’d previously had adverse effects with multiple vaccinations, and his doctor thought it wise to excuse him from being vaccinated.
And in January 2022, his lawyer and NZALPA counsel Richard McCabe asked for a pause to let Tighe-Umbers consider getting the Novavax vaccine.
Around the time relevant to the court case, Auckland Airport rules were being amended to make vaccination compulsory for pilots.
Also, the state of Victoria was allowing only vaccinated non-citizens to enter Melbourne, where some Jetconnect training was.
Judge Merepaia King of the Employment Court found Jetconnect was inflexible and unreasonable with Tighe-Umbers.
She added: “Had his employment been preserved, Jetconnect would have saved training costs and resources.”
John Weekes is a business journalist mostly covering aviation and courts. He previously covered consumer affairs, crime, politics and courts.