30 Jul 2008
AIR NEW ZEALAND LTD V DAVID MCALISTER CA CA216/07
- Citation
- openlaw-9f76c314_4779_4428_90df_cb475cb29a10.pdf
- Court
- Court of Appeal
The Court of Appeal allowed the appeal because the Employment Court adopted an incorrect comparator group; a proper comparator must reflect non-age operational restrictions (such as inability to act as PIC into restricted jurisdictions for reasons other than age), and on that basis the Employment Court erred in concluding the demotion occurred by reason of the respondent's age and the matter is remitted for reconsideration.