THE NEW ZEALAND AIRLINE PILOTS' ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED V AIR NEW ZEALAND LIMITED SC 91/2006
THE NEW ZEALAND AIRLINE PILOTS' ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED V AIR NEW ZEALAND LIMITED SC 91/2006 7 March 2007IN THE SUPREME COURT OF NEW ZEALAND SC 91/2006 [2007] NZSC 12BETWEEN THE NEW ZEALAND AIRLINE PILOTS' ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED Appellant AND AIR NEW ZEALAND...
Source-derived case information.
- Citation
- THE NEW ZEALAND AIRLINE PILOTS' ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED V AIR NEW ZEALAND LIMITED SC 91/2006
- Parties
- Appellant: The New Zealand Airline Pilots' Association Industrial Union of Workers Incorporated; Respondent: Air New Zealand Limited
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 7 March 2007
- Procedural Posture
- Supreme Court Appeal (employment) / Leave to Appeal Granted
- Outcome
- Leave to appeal granted; grounds of appeal approved for determination by the Supreme Court.
- Legal Topics
- Public Holidays, Collective Employment Agreements, Transfer of Entitlements, Contractual Certainty
Source-derived case record
Summary, issues, holding and outcome
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Parties
The New Zealand Airline Pilots' Association Industrial Union of Workers Incorporated
Appellant
Air New Zealand Limited
Respondent
Procedural Posture
Supreme Court Appeal (employment) / Leave to Appeal Granted
Legal Issues
- 1 Can an employee's entitlements to a public holiday be transferred by agreement to another day?
- 2 If so, does the exchange day have to be identified or capable of identification with certainty in the employment agreement?
- 3 Did the Collective Employment Agreement validly transfer the entitlements in light of the above?
Court Disposition
Leave to appeal granted; grounds of appeal approved for determination by the Supreme Court.
Orders
- Leave to appeal granted.
- Approved grounds of appeal recorded: (a) whether public holiday entitlements can be transferred by agreement; (b) whether an exchange day must be identified or capable of identification with certainty; (c) whether the Collective Employment Agreement validly transferred the entitlements.
Full Case Text
Judgment text and source record
1 paragraphs
THE NEW ZEALAND AIRLINE PILOTS' ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED V AIR NEW ZEALAND LIMITED SC 91/2006 7 March 2007IN THE SUPREME COURT OF NEW ZEALAND SC 91/2006 [2007] NZSC 12BETWEEN THE NEW ZEALAND AIRLINE PILOTS' ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED Appellant AND AIR NEW ZEALAND LIMITED Respondent Court: Elias CJ, Blanchard and Tipping JJ Counsel: R E Harrison QC and R McCabe for Appellant C H Toogood QC and K M Thompson for Respondent Judgment: 7 March 2007JUDGMENT OF THE COURT A Leave to appeal is granted B The approved grounds of appeal are: (a) Can an employee's entitlements to a public holiday be transferred by agreement to another day (which the majority in the Court of Appeal called the "exchange day")? (b) If so, does the exchange day have to be identified or capable of identification with certainty in the employment agreement? (c) In light of the answers to the first two questions, did the Collective Employment Agreement which is the subject of the dispute validly transfer the entitlements?Solicitors: Richard McCabe, Auckland for Appellant G L Norton, Auckland for Respondent