“The main reason for this was Air New Zealand had not shut down all or part of its operation and there was no requirement for the permanent reduction of flight attendants. But for their vaccination status, the applicants would have continued to be employed by Air New Zealand,” it said.
The Authority also found that Air New Zealand had sufficiently explored alternatives to dismissal, including redeployment and leave without pay, but these options were declined by the applicants.
“The evidence showed, Air New Zealand’s ‘leave without pay’ proposal was sufficiently explained to the applicants and was declined,” the decision stated.
The ERA added that the applicants’ refusal to vaccinate meant they could not lawfully perform their roles under the amended government order.
“For reasons previously stated, Air New Zealand’s process and its reasons for ending the employment relationship with the applicants were actions of a fair and reasonable employer in all the circumstances at the time. The applicants had not established grounds for personal grievances for unjustified dismissal.”