KEY POINTS:
An Air New Zealand pilot who was automatically demoted on his 60th birthday has won a discrimination case against the national carrier on the grounds of "ageism" - and says he can't wait to get back into his captain's uniform.
David McAlister, now 62, told the Herald on
Sunday he had applied to be reinstated as captain as soon as he heard Judge Coral Shaw's decision that the company's treatment of him had been discriminatory and unlawful.
He also planned to claim compensation. "It was a fight... but I'm delighted with the outcome".
The Employment Court decision is potentially groundbreaking and could mean the company has to change its policy - and wrestle with dozens of international laws regarding age limits.
New Zealand has no age limit, but to fit with overseas laws, Air New Zealand pilots flying certain aircraft have had to give up the captain's seat when they turn 60. They can still work as co-pilot, or fly domestic routes, but these jobs are lower-paid and many pilots have simply retired instead.
McAlister spent 35 years with the company, and had been a flight instructor and chief pilot, as well as pilot in command. If he was reinstated as captain, he would now be able to fly freely for a further three years, because the International Civil Aviation Authority last month bumped its age limit from 60 to 65.
When he turns 65 he can still fly certain routes, including to and from Australia. However, the airline said in evidence that these routes were coveted and giving them to older pilots would create further problems.
"This would lead to a loss of goodwill from other pilots to such an extent that they may resign or bring personal grievances."
Lawyer Kevin Thompson said Air New Zealand had done everything it could to have preserved his employment.
In her decision, Judge Shaw sympathised with the airline's position and agreed the rosters were "immensely complicated" - but said there was direct evidence the company's decision was based purely on age.
"The fact that Air New Zealand did not intend (and I find that it did not intend) to actively discriminate on the basis of age, does not detract from the fact that but for his age, Mr McAlister would not have been limited in the range of flying activities which he could undertake."
Air New Zealand still has time to appeal against the court's decision but representative Tracey Palmer said the company could not comment.
Former pilot Ken Mulgrew (66) is now working in China, as general manager of a pilot training company.
He received a settlement from Air New Zealand after being dropped from his job as captain when he turned 60.
Although the company gave him "golden opportunities" when he was younger, he said the offer of lower-paid positions after he hit 60 was "hollow". "Most of us [pilots] are climbers, most of us are those sorts of people, we're driven... Some guys accepted it. I couldn't, and wouldn't. I just didn't think it was right.
"I would have packed it in at about 65. You've got a fairly good idea when you're capable, or wise, to continue on - I think most guys have that."
Some older pilots chose to fly lighter aircraft, worked in simulators, or quit the industry altogether, Mulgrew said. "When you've had 30 years of flying experience... you've had a huge amount of experience and the experience is just so valuable... To throw somebody on the slagheap at that point is pretty foolish."
