Air New Zealand Ltd v McAlister - [2008] 3 NZLR 794

Employment law — Personal grievance — Age discrimination — Airline pilot demoted when he reached 60 — Fixed policy — International restrictions based on age –Whether discriminated against or treated in unjustifiable manner — Whether employer could establish exception or affirmative defence — Comparator groups — Relationship to “genuine occupational qualification” justification — Identification of relevant comparator group — New Zealand Bill of Rights Act 1990, ss 5 and 19.

Human rights — Discrimination — Airline pilot demoted when he reached 60 — Fixed policy — International restrictions based on age — Whether discriminated against or treated in unjustifiable manner — Whether employer could establish exception or affirmative defence — Comparator groups — Relationship to “genuine occupational qualification” justification — Identification of relevant comparator group — New Zealand Bill of Rights Act 1990, ss 5 and 19.