13 Nov 2006
AIR NEW ZEALAND LIMITED V THE NEW ZEALAND AIRLINE PILOTS' ASSOCIATION INDUSTRIAL UNION OF WORKERS INC. CA CA113/05
- Citation
- openlaw-563e1394_dc04_4807_a387_1f72a65d4eab.pdf
- Court
- Court of Appeal
Section 44(2) permits transfer of a specified public holiday to an agreed exchange day, but for an exchange agreement to be effective the exchange day must be identified or identifiable with certainty; the collective agreement failed to comply because it provided unspecified lieu days and therefore did not validly transfer entitlements, so statutory entitlements (including time and a half and alternative day rules) apply to specified days worked.