NEW ZEALAND PROFESSIONAL FIREFIGHTERS UNION V NEW ZEALAND FIRE SERVICE COMMISSION SC 13/2007
Leave to appeal was granted because the Supreme Court considered the two questions of statutory construction — the meaning of "a day that would otherwise be a working day for the employee" in s57(1)(b) and whether s57(1)(a) requires specific agreement on the day an alternative holiday is taken — to be matters of law...
Source-derived case information.
- Citation
- SC 13/2007
- Parties
- Appellant: New Zealand Professional Firefighters Union; Respondent: New Zealand Fire Service Commission
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 17 April 2007
- Procedural Posture
- Supreme Court Appeal (leave to Appeal) / Leave Granted
- Outcome
- Leave to appeal granted
- Legal Topics
- Holidays Act 2003, Alternative Holiday, Working Day Definition, Agreement Requirement
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
New Zealand Professional Firefighters Union
Appellant
New Zealand Fire Service Commission
Respondent
Procedural Posture
Supreme Court Appeal (leave to Appeal) / Leave Granted
Legal Issues
- 1 Whether the Court of Appeal correctly construed the phrase "a day that would otherwise be a working day for the employee" in s 57(1)(b) of the Holidays Act 2003
- 2 Whether s 57(1)(a) requires specific agreement between the employer and employee as to a specific day for taking an alternative holiday
Ratio Decidendi
Leave to appeal was granted because the Supreme Court considered the two questions of statutory construction — the meaning of "a day that would otherwise be a working day for the employee" in s57(1)(b) and whether s57(1)(a) requires specific agreement on the day an alternative holiday is taken — to be matters of law requiring the Court's determination.
Court Disposition
Leave to appeal granted
Orders
- Leave to appeal granted.
- Approved grounds for appeal: (a) Whether the Court of Appeal correctly construed the phrase "a day that would otherwise be a working day for the employee" in s 57(1)(b) of the Holidays Act 2003; (b) Whether the Court of Appeal was right to conclude that s 57(1)(a) does not require specific agreement between the...
Full Case Text
Judgment text and source record
1 paragraphs
NEW ZEALAND PROFESSIONAL FIREFIGHTERS UNION V NEW ZEALAND FIRE SERVICE COMMISSION SC 13/2007 17 April 2007IN THE SUPREME COURT OF NEW ZEALAND SC 13/2007 [2007] NZSC 22BETWEEN NEW ZEALAND PROFESSIONAL FIREFIGHTERS UNION Appellant AND NEW ZEALAND FIRE SERVICE COMMISSION Respondent Court: Blanchard, Tipping and McGrath JJ Counsel: P Cranney for Appellant C H Toogood QC and G C Davenport for Respondent Judgment: 17 April 2007JUDGMENT OF THE COURT A Leave to appeal is granted. B The approved grounds are: (a) Whether the Court of Appeal correctly construed the phrase "a day that would otherwise be a working day for the employee" in s 57(1)(b) of the Holidays Act 2003; and (b) Whether the Court of Appeal was right to conclude that s 57(1)(a) does not require specific agreement between the employer and employee as to a specific day for the taking of an alternative holiday.Solicitors: Oakley Moran, Wellington for Appellant McBride Davenport James, Wellington for Respondent