Pilot awarded $15,000 over discrimination

A veteran Air New Zealand pilot has been awarded costs of $15,000 after the Supreme Court ruled he had been discriminated against because of his age.

The court allowed an appeal by David McAlister to overturn a previous Court of Appeal ruling. The case will return to the Employment Court for further legal argument.

Mr McAlister had spent 35 years with Air New Zealand and had been a flight instructor, chief pilot and pilot-in-command (PIC).

At the time, the United States Federal Aviation Administration (FAA) had a rule prohibiting a pilot from holding the position of PIC - essential for a flight instructor - once the pilot turned 60.

When Mr McAlister turned 60 in 2004, he was informed by Air NZ that he could no longer fly "unencumbered" outside of the Tasman and was demoted to first officer.

He challenged the decision in the Employment Court and won in what was described as a ground-breaking decision.

But the Court of Appeal over-ruled the Employment Court finding in favour of Air NZ.

In March Mr McAlister asked the Supreme Court to overturn the Court of Appeal ruling.

The court ruled Air NZ still needed to show there was no reasonable way to continue employing Mr McAlister as a pilot, despite the FAA's requirements.

It referred the case back to the Employment Court, saying it needed to decide whether Air NZ was doing all it could in terms of the FAA rule.

- NZPA