AUCKLAND– Air New Zealand (NZ) international flight attendants have lost their legal battle claiming unjustified dismissal after refusing the Covid-19 vaccine. The six crew members were dismissed in 2021 for not complying with statutory vaccination rules introduced that year.
The airline’s actions were deemed consistent with what a fair and reasonable employer could do. Under new regulations, pilots and international cabin crew were required to receive the first dose of the Pfizer vaccine by September 30, 2021, and the second dose within 35 days.
Air New Zealand communicated these requirements and explored alternatives, but the affected crew members declined the offered options, leading to termination.
Photo- Air New ZealandAir New Zealand Attendants Lose Case
The employment dispute centered on Air New Zealand’s (NZ) compliance with the July 12, 2021, amendments to New Zealand’s Covid-19 Public Health Response Order. The order mandated vaccination for international cabin crew and pilots.
Crew members were invited to discuss their employment status following these changes, but meetings did not initially take place.
Legal representatives eventually arranged discussions, including a meeting on October 4, 2021, where leave without pay and potential redeployment options were offered.
The flight attendants argued they should be treated as made redundant under the collective agreement. Air New Zealand disagreed, noting that redeployment was not viable and leave without pay was a reasonable alternative.
The Employment Relations Authority concluded that the airline had acted fairly and reasonably in the circumstances, given the legal requirement for crew to be vaccinated, NZ Herald reported.
Air New Zealand New Business Class on 787 | Photo: Air New ZealandLegal Arguments and Authority Findings
The applicants raised personal grievances, challenging both the legitimacy of the Pfizer vaccine and the airline’s authority to enforce mandatory vaccination.
They also argued that Air New Zealand (NZ) had acted unreasonably by failing to provide suitable redeployment options or allowing them to work on quarantine-free travel flights (Auckland AKL – Sydney SYD QFT).
Authority member Alex Leulu clarified that the airline had appropriately offered alternatives, including unpaid leave and potential redeployment.
The applicants declined these options for various reasons, including uncertainty over their return and complications with superannuation fund withdrawals.
Ultimately, the Employment Relations Authority ruled that the dismissals were justified under the Covid-19 Public Health Response Order and that the applicants had no grounds for claims of unjustified dismissal or exemplary damages.
Photo: QantasSimilar Incidents
This decision aligns with other legal precedents in the aviation sector. For example, last month, a Jetconnect pilot contracted to Qantas (QF) successfully challenged dismissal over Covid-19 vaccination requirements, highlighting differences in employer communication and leave options.
In the Air New Zealand (NZ) case, the process and offers made were deemed reasonable, distinguishing it from other rulings where procedural gaps contributed to successful grievances.
The case emphasizes the legal and operational challenges airlines face in balancing public health mandates with workforce management.
It also underlines the importance for crew members to engage with employer-provided alternatives, such as unpaid leave or redeployment, when statutory requirements conflict with personal choices.
Photo: Aero Icarus | FlickrBottom Line
Air New Zealand (NZ) has successfully defended its decision to dismiss international flight attendants who refused the COVID-19 vaccination.
The Employment Relations Authority found the airline acted fairly and reasonably, providing alternative options that the applicants declined.
This outcome reinforces the obligations of international crew under public health mandates and sets a precedent for how airlines can enforce such requirements within legal frameworks.
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The post Air New Zealand Flight Attendants Lose Covid-19 Vaccine Dismissal Case appeared first on Aviation A2Z.
