KEY POINTS:
Air New Zealand has failed in its attempt to overturn an Employment Court ruling in favour of two engineers dismissed for misuse of the internet.
The Court of Appeal has dismissed an application by the airline for leave to appeal and ordered it to pay Brian Cliff and Allan Groom each $2000 costs.
The dismissals of both men were found to be justified by the Employment Relations Authority but the Employment Court last year found against Air New Zealand and ordered it to reinstate Mr Cliff and pay him for lost earnings and $10,000 of damages for stress and humiliation.
Mr Groom received $12,000 in damages but he did not seek reinstatement.
The men were dismissed because of time spent on the internet for non-work purposes and for the nature of the sites visited.
Air New Zealand advanced nine grounds for appeal including that the Employment Court set too high a standard for the investigation into the use of its computers.
It also argued that the difference in each man's case was not reflected in the judgement and challenged the loss of earnings ruling.
The Court of Appeal said that none of the grounds of appeal met the criteria for an appeal.
Both men had been employed by Air New Zealand for about 28 years with some breaks in the employment.
The original case said the airline at one point estimated that Mr Cliff spent 81 hours and 28 minutes on the internet for personal use in a four-month period.
He denied he accessed pornographic sites.
Mr Groom's internet usage over four months was estimated at 96 hours and 46 minutes.
- NZPA
