AIR NZ LTD V THE NZ AIR LINE PILOTS' ASSN INDUSTRIAL UNION OF WORKERS INC CA CA49/05
Leave to appeal and cross-appeal was granted because the questions raised were matters of law of general or public importance under s214(3) of the Employment Relations Act 2000; the issues posed (interpretation of s44(2) and compliance of the collective agreement) require determination by this Court.
Source-derived case information.
- Citation
- openlaw-f721725f_8430_4768_b282_016c2912a699.pdf
- Parties
- Applicant: Air New Zealand Limited; Respondent: The New Zealand Air Line Pilots' Association Industrial Union of Workers Inc
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 30 May 2005
- Procedural Posture
- Appeal Under Employment Relations Act 2000 S214 / Leave Granted; Appeal and Cross Appeal to Be Dealt With on the Papers Under R26 Court of Appeal (civil) Rules 2005
- Outcome
- Leave to appeal granted to applicant and leave to cross-appeal granted to respondent; costs reserved.
- Legal Topics
- Leave to Appeal, Public Holidays, Collective Agreement Compliance, Section 44(2) Holidays Act 2003
Source-derived case record
Summary, issues, holding and outcome
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Parties
Air New Zealand Limited
Applicant
The New Zealand Air Line Pilots' Association Industrial Union of Workers Inc
Respondent
Procedural Posture
Appeal Under Employment Relations Act 2000 S214 / Leave Granted; Appeal and Cross Appeal to Be Dealt With on the Papers Under R26 Court of Appeal (civil) Rules 2005
Legal Issues
- 1 Whether s44(2) of the Holidays Act 2003 requires a transferred public holiday to be observed on an identifiable specified day
- 2 Whether the collective employment agreement between the parties complied with the requirements of s44(2)
- 3 Whether the Employment Court erred in refusing the relief sought by the respondent in paras 3.1-3.4 of its statement of problem
Ratio Decidendi
Leave to appeal and cross-appeal was granted because the questions raised were matters of law of general or public importance under s214(3) of the Employment Relations Act 2000; the issues posed (interpretation of s44(2) and compliance of the collective agreement) require determination by this Court.
Court Disposition
Leave to appeal granted to applicant and leave to cross-appeal granted to respondent; costs reserved.
Orders
- Leave granted to the applicant to appeal on questions (a) and (b) as specified in the judgment
- Leave granted to the respondent to cross-appeal on question (c) as specified in the judgment
Full Case Text
Judgment text and source record
1 paragraphs
AIR NZ LTD V THE NZ AIR LINE PILOTS' ASSN INDUSTRIAL UNION OF WORKERS INC CA CA49/05 30 May 2005IN THE COURT OF APPEAL OF NEW ZEALAND CA49/05UNDER The Employment Relations Act 2000, section 214 BETWEEN AIR NEW ZEALAND LIMITED Applicant AND THE NEW ZEALAND AIR LINE PILOTS' ASSOCIATION INDUSTRIAL UNION OF WORKERS INC Respondent Court: Glazebrook, Chambers and O'Regan JJ Counsel: J R F Fardell QC and K M Thompson for Applicant R E Harrison QC and R McCabe for Respondent Judgment: 30 May 2005 at 10 am (On the papers)JUDGMENT OF THE COURT A Leave granted to the applicant to appeal on the following questions of law: (a) Did the Employment Court err in holding that s 44(2) of the Holidays Act 2003 requires, in relation to any transferred public holidays, the observation of a specified public holiday on a particular day which is able to be identified? (b) Did the Employment Court err in holding that the collective employment agreement between the applicant [appellant] and the respondent did not comply with the requirements of s 44(2)?B Leave granted to the respondent to cross-appeal on the following question: (c) Did the Employment Court err in failing to grant the relief specified in all or any of paras 3.1-3.4 of the respondent's statement of problem? C Costs on the application and cross-application reserved. REASONS[1] We note that each party has consented to the other's application for leave to appeal. Accordingly, we have dealt with the application and cross- application on the papers in terms of r 26 of the Court of Appeal (Civil) Rules 2005. The parties requested that we deal with the applications on the papers. [2] We are satisfied that the proposed appeal and cross-appeal involve questions of law that, by reason of their general or public importance, ought to be submitted to this court for decision. [3] We make these grants of leave under s 214(3) of the Employment Relations Act 2000. [4] The fixture in the miscellaneous motions list for 13 June 2005 is vacated.Solicitors: G L Norton, Company Solicitor, Air New Zealand Limited, Auckland, for Applicant Richard McCabe, NZALPA, Auckland, for Respondent