Ruling ends early retirement threat
Two Kiwi pilots have won an employment case against airline giant Cathay Pacific after the Hong Kong-based company tried to force them to retire early.
Auckland-based pilots David Brown and Glen Sycamore are Cathay Pacific pilots of more than 20 years who are employed by a New Zealand subsidiary, New Zealand Basing (NZBL).
Their employment agreements with NZBL meant that when they turned 55 years old, the airline could require them to retire.
When both did reach that age in 2015, the airline tried to enforce their retirement, but the pilots brought a personal grievance claim which alleged this was illegal as it discriminated against them because of age.
The case began Employment Court with the ruling in favour of the pilots, although it and later decisions were appealed by both parties all the way to the Supreme Court.
In a decision released yesterday, the Supreme Court unanimously allowed the pilots’ appeal.
Both had remained employees during the litigation, being senior captains who generally flew between Auckland International Airport and Hong Kong International Airport.
The case essentially came down to whether New Zealand’s Employment Relations Act was relevant or whether the employment agreements were governed by the law of Hong Kong.
The Supreme Court judgment said: ‘‘The rights apply to conduct which occurs in New Zealand.
‘‘It follows that a Hong Kong choice of law would not immunise NZBL from liability in respect of such breaches as occurred in New Zealand.’’