De novo challenge to determination of the Employment Relations Authority – personal grievance claim brought by pilot – was pilot disadvantaged by the unjustified actions of Air New Zealand? – did Air New Zealand unlawfully discriminate against pilot by reason of his age? – estoppel due to union membership? – failure to mitigate loss? 

McGearty v Air New Zealand Ltd [2025] NZEmpC 223 per Judge Beck 

To fly internationally, pilots must meet standards published by the International Civil Aviation Organisation (ICAO). The ICAO Standard provides for limitation of privileges for pilots aged 60 and curtailment of privileges for pilots aged 65. In contrast, under domestic legislation, a pilot may continue flying until any age provided they meet the relevant licensing requirements.   

New Zealand, as a contracting state to ICAO, has filed a difference to the standard, meaning that it doesn’t apply domestically. The standard, however, continues to apply to territories which Air NZ’s international fleets fly to, from or through (except for Australia which has also filed a difference).