20 Jul 2009
MCALISTER V AIR NEW ZEALAND LIMITED SC 49/2008
- Citation
- MCALISTER V AIR NEW ZEALAND LIMITED SC 49/2008
- Court
- Supreme Court
Supreme Court held the correct comparator under s104(1)(a) is pilots/flight instructors who have not attained 60; appellant established prima facie discrimination because age was a material/causative factor in demotion; however the employer may rely on s30 HRA (genuine occupational qualification) because foreign aviation rules (ICAO/FAA) that disqualify pilots over 60 can constitute a genuine occupational qualification, and whether discrimination is unlawful depends on s35 reasonable accommodation which the Employment Court must determine; Court of Appeal's comparator declaration set aside an…