AIR NEW ZEALAND LIMITED v NEW ZEALAND AIR LINE PILOTS' ASSOCIATION INCORPORATED CA570/2014 [2014] NZCA 570
Leave to appeal was granted because the case raised a real question of law concerning the construction of cl 24.2 and whether it imposed a discrete pass-on obligation to provide remuneration provisions to NZALPA members, warranting appellate determination.
Source-derived case information.
- Citation
- [2014] NZCA 570
- Parties
- Appellant: Air New Zealand Limited; Respondent: New Zealand Air Line Pilots' Association Incorporated
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 27 November 2014
- Procedural Posture
- Employment Relations Appeal / Leave Granted to Appeal Under S214
- Outcome
- Leave to appeal granted to the Court of Appeal
- Legal Topics
- Collective Agreement Interpretation, Pass on Obligations, Clause 24.2, Remuneration Provisions
Source-derived case record
Summary, issues, holding and outcome
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Parties
Air New Zealand Limited
Appellant
New Zealand Air Line Pilots' Association Incorporated
Respondent
Procedural Posture
Employment Relations Appeal / Leave Granted to Appeal Under S214
Legal Issues
- 1 Whether clause 24.2 of the collective agreement required Air New Zealand to pass on to NZALPA members only part of the collective agreement (remuneration provisions) reached on 15 March 2013
Ratio Decidendi
Leave to appeal was granted because the case raised a real question of law concerning the construction of cl 24.2 and whether it imposed a discrete pass-on obligation to provide remuneration provisions to NZALPA members, warranting appellate determination.
Court Disposition
Leave to appeal granted to the Court of Appeal
Orders
- Leave is granted under s214 of the Employment Relations Act 2000 to appeal to the Court of Appeal on the specified question of law
Full Case Text
Judgment text and source record
1 paragraphs
AIR NEW ZEALAND LIMITED v NEW ZEALAND AIR LINE PILOTS' ASSOCIATION INCORPORATED CA570/2014 [2014] NZCA 570 [27 November 2014]IN THE COURT OF APPEAL OF NEW ZEALANDCA570/2014[2014] NZCA 570BETWEEN AIR NEW ZEALAND LIMITEDAppellantAND NEW ZEALAND AIR LINE PILOTS'ASSOCIATION INCORPORATEDRespondentHearing: 25 November 2014Court: Randerson, Harrison and White JJCounsel: J G Miles QC and P A Caisley for AppellantR R McCabe for RespondentJudgment: 27 November 2014 at 10:00 amJUDGMENT OF THE COURTA Leave is granted under s 214 of the Employment Relations Act 2000 to appeal to this Court on the following question of law:Did the Employment Court err in law in finding that cl 24.2 of the collectiveagreement between the New Zealand Air Line Pilots' AssociationIncorporated (NZALPA) meant that Air New Zealand Limited was required upon request by NZALPA to pass on to members of NZALPA part only of a collective agreement reached on 15 March 2013 between Air New Zealand and the Federation of Air New Zealand Pilots Incorporated, namely the remuneration provisions applicable to B737-type first officers and all second officers?____________________________________________________________________Solicitors:Kiely Thompson Caisley, Auckland for AppellantRichard McCabe, Auckland for Respondent