Air NZ told to reinstate sacked man

Randall Wulff. Photo / Natalie Slade

Air New Zealand has been ordered for the third time to reinstate a flight attendant who was sacked for sitting down during turbulence.

The case of Randall Wulff, a flight attendant for 14 years and a former union representative, has gone through the Employment Relations Authority, the Employment Court and finally the Court of Appeal, where a judge has again ruled in his favour.

He was dismissed three years ago for "serious misconduct" after he sat down on a flight to Vancouver during moderate turbulence.

The Employment Court later ruled that Air New Zealand had punished him for views expressed in his union role, and said his dismissal was unfair.

Flight Attendants and Related Services Association lawyer Lisa Keys said that Mr Wulff was looking forward to flying again after a long and expensive battle.

Air New Zealand general manager airline operations and safety David Morgan said the court's ruling undermined aviation safety and raised "some serious questions for us and the industry as a whole".

The dispute began in March 2008 when Mr Wulff sent a notice as vice-president of the association challenging new airline rules which rewarded staff who did not take sick and injury leave.

In the notice, he also urged staff members to sit down and fasten their seatbelts during turbulence unless assisting in a life-threatening situation.

Air New Zealand said that he and two other cabin crew followed this advice on a long-haul flight in April 2008.

He was dismissed after a seven-month investigation by acting cabin crew manager Phillip Callaghan, who concluded that he had acted against safety regulations.

Mr Callaghan did not investigate or recommend action against the other staff who sat down.

Employment Court judge Tony Couch said that he had been singled out for unfair dismissal because of his union role.

Court of Appeal Judge Ellen France reiterated previous rulings that Mr Wulff had not undermined Air New Zealand's safety procedures.

The Employment Court ordered Air New Zealand to reimburse Mr Wulff for lost income and to pay him $10,000 for distress.