Air NZ told to reinstate attendant

Randall Wulff. Photo / Janna Dixon

Air New Zealand has been ordered for a second time to reinstate a flight attendant sacked for sitting down during turbulence.

Randall Wulff, a flight attendant of 14 years and former union boss, was dismissed in 2008 when the airline found he couldn't be relied on to follow safety proceedures.

It said Mr Wulff had committed "serious misconduct" when he sat down in light to moderate turbulence during a flight to Vancouver.

A just-released Employment Court ruling from judge AA (Tony) Couch finds that decision was unfair and unreasonable.

It upholds an earlier Employment Relations Authority (ERA) order that Mr Wulff be reinstated and given compensation for loss of earnings.

"Mr Wulff's dismissal was unjustifiable. That is because Air New Zealand's actions, and how it acted, were not what a fair and reasonable employer would have done," the decision, dated 6 December, says.

A dispute between Air New Zealand and Mr Wulff arose when he issued a statement as vice-president of flight attendant union FARSA in March 2008.

It protested new rules giving pay incentives to staff who did not take sick and injury leave and urged flight attendants to take the precaution of sitting down when a plane's seatbelt light was showing.

Air New Zealand said Mr Wulff followed through on that when he and two other attendants sat down in turbulence on the Vancouver flight in April 2008.

His decision contravened safety regulations, it alleged.

Mr Wulff was dismissed after a long investigation by the carrier's acting cabin crew manager Philip Callaghan.

In a 2008 letter, Mr Callaghan said an "overarching concern" through the investigation was that Mr Wulff's role as a union representative
conflicted with his job as a flight attendant.

He did not investigate or recommend action against the two other flight attendants who sat down during the flight.

The Employment Court judgment says Mr Wulff was singled out for unfair dismissal because of his role as vice-president and acting president of the FARSA union.

He was held responsible as an employee for his actions in the union, it says.

"Neither of these consequences was appropriate or justifiable."

Judge Couch upheld the ERA's order that Air New Zealand reinstate Mr
Wulff, saying: "I conclude that it is realistic for Mr Wulff to return to duty as a flight attendant for Air New Zealand and that a
constructive employment relationship can be successfully restored."

He ordered Air New Zealand to reimburse Mr Wulff for remuneration lost between 4 December 2009, the date of the ERA's determination, and the date of his reinstatement.

The court also ordered the airline to pay Mr Wulff $10,000 for the distress he experienced as a result of the dismissal but said Mr Wulff had contributed to his grievance to an extent that further remedies were not justified.

After last year's ERA determination, Mr Wulff told the Herald on Sunday he believed he had been singled out because of his union position, and claimed the airline viewed him as a troublemaker. He said the dispute could have been prevented if the airline simply sat down with him at the start.

Mr Wulff told the Herald on Sunday he would relish the airline's appeal.

"I would rather die standing rather than live on my knees," he said.

"You are always going to feel some anger that your word has been
questioned, that your integrity is questioned - that is something that I have always held in high regard."

Speaking from his Auckland home today, Mr Wulff told nzherald.co.nz: "I'm looking forward to going back to work" but declined to comment further on the judgment.

Air New Zealand public affairs spokesman Mark Street said the
company "is considering seeking leave to appeal the decision, including on grounds relating to public safety".