Your termination process may not hold up if alternatives weren't genuinely explored
New Zealand's Court of Appeal is set to answer a critical question: can a single missed procedural step make a termination unjustified?
On 14 April 2026, the Court of Appeal granted Jetconnect Limited leave to appeal an Employment Court ruling that the airline had unjustifiably dismissed one of its pilots, Captain Phillip Tighe-Umbers.
The case begins in 2022. Jetconnect terminated Captain Tighe-Umbers on 24 April 2022 for non-compliance with the COVID-19 Public Health Response (Vaccinations) Order 2021. Under Schedule 3A of the Employment Relations Act 2000, which was in force at the time, the airline was entitled to terminate an unvaccinated employee with three months' paid notice. That right came with a condition: before issuing any termination notice, the employer was first required to ensure "all other reasonable alternatives that would not lead to termination of the employee's employment agreement have been exhausted."
Captain Tighe-Umbers initially pursued a personal grievance claim through the Employment Relations Authority, which found in Jetconnect's favour. He then challenged that outcome in the Employment Court.
Judge King, in a decision dated 4 July 2025, found that Jetconnect had not met that threshold. The Court identified a specific alternative that should have been considered: offering to place Captain Tighe-Umbers on leave without pay while the airline retrained its...
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