Pilot accused of drinking awarded $8400

A pilot accused of drinking on the job and visiting pornographic websites at work has been awarded $8400 by the Employment Relations Authority (ERA).

Air2there, a charteredd airline with bases at Paraparaumu and Blenheim airports, was ordered to pay former operations manager and chief pilot David Smith the money for "humiliation and distress" and three months lost wages.

Mr Smith was sacked last September after a series of disagreements with chief executive officer Richard Baldwin, and complained to ERA that he was unjustifiably dismissed.

The disagreement began in August last year, when Mr Baldwin handed Mr Smith a letter with a list of 15 concerns, and told him he was suspended on paid leave until a disciplinary meeting later that month.

In the letter, Mr Smith was accused of having a "rude and inconsiderate treatment" of others, a "disregard of safety rules", and "a lazy, don't care attitude".

Mr Baldwin said the pilot had stolen aviation fuel for personal use and had been drinking alcohol while working overnights at Blenheim.

There were also public reports about Mr Smith "drinking and flying too soon".

Mr Baldwin said evidence was also found of Mr Smith assessing porn websites and downloading images using a company computer.

Mr Smith lodged two personal grievance claims and repeatedly asked for his job back, but Mr Baldwin refused because of "issues of flight safety".

He said he had lost confidence in Mr Smith and believed he was suffering from stress, which was a safety concern.

After the disciplinary meeting, and unsuccessful mediation, Mr Smith was fired.

ERA member Eleanor Robinson ruled that the pilot was unjustifiably dismissed.

She said most issues in the letter could have been resolved earlier. Mr Smith had denied the porn complaint, saying other crew members had his log password and there was no further disciplinary action taken.

Ms Robinson said the alcohol reports were "unsubstantiated and not date specified," nor were they discussed with Mr Smith.

Mr Baldwin had agreed that he lacked sufficient evidence to prove Mr Smith had stolen petrol, and as for the pilot's negative attitude, Ms Robinson found the concerns were subjective and unsupported by evidence.

Mr Smith wanted his job back, but Ms Robinson said it would not be "practicable" as the employer had lost confidence and trust in him.

He failed to lodge a timely CAA incident report after a May 19 incident, and the ERA understood Mr Baldwin's frustration.

ERA awarded Mr Smith $12,000, but cut his compensation by 30 per cent.

- NZPA