Police dobbing in of Air NZ flight attendant a concern

In what some will see as a worrying development, the Police reportedly informed Air New Zealand that one of their flight attendants had failed a breath alcohol test on the way to work. As a result, she lost her job.

According to this article in the Sunday Star Times, the flight attendant was driving to work on a Sunday morning in May 2009, having had a few drinks the night before, when she was breath-tested and found to have excess breath alcohol.

She told Air NZ that she would not be reporting for work that day, but did not mention the breath test. Air NZ reportedly said that employees are required to tell their manager of convictions that materially impact on their duties, such as a driver who loses their licence.

Before the flight attendant had appeared in court, Police contacted Air NZ, providing her breath test reading but not her name, and offering to discuss the matter further. Air NZ then requested information about her under the Official Information Act, and Police named her. Some months later she was dismissed for issues arising from the drink driving charge.

Apparently the Police do take such preventative action when issues of behaviour impact on wider public safety. In 2008 the Police launched a campaign aimed at raising commercial driver and company awareness of the dangers of fatigue.

The statement  on their website said that all drivers stopped for speed, red light running, careless driving and even lane drift would be reported to their employers. Presumably this has now been extended to informing on all drivers where there is a possible health and safety risk for their employer's workplace.

Did the Police really have to tell Air NZ about this? The individual concerned was not, after all, a pilot or a driver. However, she would presumably have to pour hot tea and coffee in the course of a flight, which could present a danger to passengers if she was over the limit. If so, this would arguably overcome any objections under the Privacy Act.

Nonetheless, this practice will be of concern to many. Most employees will not be aware that the Police are doing this, and you have to wonder if there are clear rules about when Police will inform employers, and if so whether they are being consistently applied.

If the flight attendant was not going to start work until 12 hours later, for instance, would the Police have reacted the same way? And what if she was a cleaner rather than a flight attendant?

Needless to say, the Engineering Printing and Manufacturing Union was not impressed - the article states that they are intending to lay a complaint with the Privacy Commissioner, the Police Complaints Authority and the Ombudsman.

 

Greg Cain is an employment lawyer at Minter Ellison Rudd Watts.

 

Photo: Bay of Plenty Times