Pilots taking Air NZ to Employment Court

Photo / Brett Phibbs

A personal grievance case brought by eight Air New Zealand pilots, removed from captaining Boeing 747-400s after their 60th birthdays, will be heard in the Employment Court.

The pilots had sought leave to skip a hearing before the Employment Relations Authority saying questions of law would likely be raised during the dispute and any decision by the authority was likely to be challenged, therefore going straight to court would save time.

Each of the pilots had been employed as captain of a 747 flying mainly to London and Japan, passing through United States airspace on both routes.

Until 2006 US Federal Aviation Authority (FAA) enforced a rule which prevented anyone over 60 from captaining a 747 or 767 in its airspace.

All but one of the eight Air NZ pilots reached this milestone between October 2003 and March 2006 and all were demoted.

However, in November 2006, the FAA rule was relaxed allowing pilots up to age 65 to fly.

Under the terms of their employment the Air NZ pilots were able to reapply for captain positions on 747s and since October 2007 five of them had done so successfully.

Their grievance claim is that Air NZ should have taken more steps to accommodate them after they turned 60 - giving them the role of captain on international flights where they were not restricted by age, and reinstating them to their old jobs immediately when the age barrier was lifted.

Air NZ told the authority its treatment of the pilots had followed the terms of their contracts.

It said addressing the group's concerns could impact on other pilots employed by Air New Zealand and voiced concern about treating the eight as a group without proper reference to their individual circumstances.

In its decision, released today, the authority agreed matters of law were likely to crop up during the case which may need clarification or determination and ordered the matter be sent to the Employment Court.

Its ruling made repeated reference to the ongoing saga of veteran pilot David McAlister vs Air NZ.

Mr McAlister accused the airline of age discrimination after being dropped from his captain's role when he turned 60 in 2004.

He took the airline to the Employment Court and won in what was labelled a landmark decision.

In 2007 Air NZ challenged the decision in the Court of Appeal and had it overturned.

Mr McAlister then went to the Supreme Court which, last year, found in his favour and sent the case right back to the Employment Court saying Air NZ had to show it had done all it could to accommodate Mr McAlister under the FAA's rules.

- NZPA