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Toil & Trouble
6 mins to read

A pilot’s age discrimination case sends warning to all employers

The Air New Zealand pilot won the age discrimination case after an earlier ERA decision ruled against him.

Tompkins Wake partner Daniel Erickson speaks to Fiona Rotherham

Key points
  • What’s at stake: Employers have an obligation to explore what accommodations can be put in place to allow older employees to keep working.
  • Background: Age discrimination has long been an issue in the aviation industry, with some countries such as New Zealand allowing pilots to fly until any age, provided they meet the relevant licensing requirements, while the International Civil Aviation Organisation’s standard says they should retire at 65. An Air NZ pilot successfully won an age discrimination case against Air NZ, claiming he could have kept flying after 65 on wide-bodied aircraft.
  • Main players: Captain Garth McGearty, Air New Zealand, Employment Court, Employment Relations Authority, New Zealand Air Line Pilots’ Association.

A successful age discrimination case brought by a pilot against Air New Zealand has broader implications for other employers.

Captain Garth McGearty took the personal grievance claim against Air New Zealand to the Employment Court after he was turned down by the Employment Relations Authority.

He

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Fiona Rotherham Tue, 11 Nov 2025
Contact the Writer: fiona@nbr.co.nz
News tip? Question? Typo? Let us know: editor@nbr.co.nz
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Key points
  • What’s at stake: Employers have an obligation to explore what accommodations can be put in place to allow older employees to keep working.
  • Background: Age discrimination has long been an issue in the aviation industry, with some countries such as New Zealand allowing pilots to fly until any age, provided they meet the relevant licensing requirements, while the International Civil Aviation Organisation’s standard says they should retire at 65. An Air NZ pilot successfully won an age discrimination case against Air NZ, claiming he could have kept flying after 65 on wide-bodied aircraft.
  • Main players: Captain Garth McGearty, Air New Zealand, Employment Court, Employment Relations Authority, New Zealand Air Line Pilots’ Association.
A pilot’s age discrimination case sends warning to all employers
Toil & Trouble,
111759
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