Employer adopted an 'inflexible' policy that did not consider individual circumstances, court says
A pilot terminated for refusing to comply with COVID-19 vaccination requirements has won unjustified dismissal at the Employment Court.
The Court found that the aviation employer failed to meet its statutory obligation to explore reasonable alternatives before proceeding with dismissal, as required by the Employment Relations Act 2000.
"No fair and reasonable employer could have said it was not in a position to approve any period of [leave without pay]," the Court ruled. "[The employer's] decision to refuse to grant [the pilot] LWOP and instead move to terminate his employment was unjustified."
The pilot, who began flying for the aviation employer in 2005, was placed on special leave without pay (LWOP) during the early stages of the pandemic.
As travel resumed, vaccination orders came into force. From July 2021, "aircrew members" like him were required to be vaccinated to continue working.
Despite consultations, the veteran pilot declined vaccination due to medical concerns. He did not seek an official exemption, and the employer ultimately issued a letter in January 2022 terminating his employment with three months' notice.
The pilot challenged the dismissal at the Employment Relations Authority, which ruled in the employer's favour. He then appealed to the Employment Court, alleging a breach of both his employment agreement and the...
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