New Zealand Case Law: Decisions & Judgments

Topic

Holidays act 2003

Legal area

Court

13 Jun 2023

AVIATION WORKERS UNITED INC v CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS, INNOVATION AND EMPLOYMENT [2023] NZHC 1463

Citation

[2023] NZHC 1463
Court

High Court

The interim injunction application was refused because the plaintiffs failed to plead or demonstrate actual loss necessary to ground a negligence claim against the Labour Inspector; accordingly there was no serious question to be tried and, even if there were, the balance of convenience and overall justice favoured the defendant as damages were the appropriate remedy and plaintiffs retained direct remedies against the employer.
22 Aug 2013

PACIFIC FLIGHT CATERING LIMITED V LSG SKY CHEFS NEW ZEALAND LIMITED CA [2013] NZCA 386

Citation

[2013] NZCA 386
Court

Court of Appeal

Part 6A of the Employment Relations Act 2000 transfers employment and the statutory obligations for accrued pre-transfer leave from the old employer to the new employer; consequently the old employer is not personally liable for those pre-transfer entitlements after transfer and the fourth element of the common law cause of action (that the defendant be legally liable) is not satisfied, so the new employer cannot recover sums paid to employees from the old employer under the cause of action 'money paid to the use of the defendant under compulsion'.
13 Mar 2013

NEW ZEALAND POST LIMITED v POSTAL WORKERS UNION OF AOTEAROA INCORPORATED SC 91/2012

Citation

SC 91/2012
Court

Supreme Court

Leave to appeal was refused because the issues were principally of historical interest given the 2011 amendment (s 9A), the case did not raise a question of public or general importance, and there was no appearance of a miscarriage of justice.
21 Feb 2012

SERVICE AND FOOD WORKERS UNION NGA RINGA TOTA V CEREBOS GREGG'S LIMITED COA CA562/2011

Citation

COA CA562/2011
Court

Court of Appeal

The Court held cl 17.4 of the collective agreement conferred a contractual additional week of annual leave as a reward for long service and was intended to remain additional to the statutory minimum after 1 April 2007; the Employment Court erred by focusing on statutory purpose and by misapplying precedent (Tramways) instead of the line of authorities (Silver Fern Farms, NDU, Robinson), and the Court of Appeal had jurisdiction to correct that error.
21 Jul 2010

SILVER FERN FARMS LIMITED V NEW ZEALAND MEAT WORKERS AND RELATED TRADE UNIONS INCORPORATED CA CA593/2009

Citation

openlaw-996f135f_a2b4_4da0_9f34_5fc192a1451c.pdf
Court

Court of Appeal

The Employment Court applied orthodox principles of contractual interpretation, including consideration of statutory context and prior instruments; clause 10.2 could not operate to reduce statutory minimums after 1 April 2007 (Holidays Act 2003 s6(3)), and on proper construction, supported by industry history, clause 10.4 continues to confer one additional week of annual holiday for qualifying employees above the statutory minimum; there was no error of principle warranting appellate intervention, so the appeal is dismissed.
11 Jun 2008

NEW ZEALAND TRAMWAYS AND PUBLIC TRANSPORT EMPLOYEES UNION INCORPORATED AND ANOR V TRANSPORTATION AUCKLAND CORPORATION LIMITED AND CITYLINE (NEW ZEALAND) LIMITED CA186/07

Citation

openlaw-5d966514_0b18_4b2e_bebf_03e0ed82cc34.pdf
Court

Court of Appeal

The Employment Court erred in construing s6 by rigidly distinguishing 'enhanced' from 'additional' entitlements; because that error may have affected its interpretation of the collective agreement the Court of Appeal allowed the appeal and referred the matter back to the Employment Court for reconsideration in light of the correct construction of s6 and the statutory change to four weeks.
14 Nov 2007

THE NEW ZEALAND AIRLINE PILOTS' ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED V AIR NEW ZEALAND LIMITED SC 91/2006

Citation

SC 91/2006
Court

Supreme Court

The Court held that the collective agreement did not satisfy s44(2) and therefore did not validly substitute the s44(1) public holidays; as a consequence pilots rostered to work on s44(1) days are entitled to the statutory minimums — time and a half and, where applicable, an alternative holiday — and the matter is remitted to the Employment Court to determine entitlements and relief.
17 Apr 2007

NEW ZEALAND PROFESSIONAL FIREFIGHTERS UNION V NEW ZEALAND FIRE SERVICE COMMISSION SC 13/2007

Citation

SC 13/2007
Court

Supreme Court

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.
21 Dec 2006

NZ FIRE SERVICE COMMISSION V NZ PROFESSIONAL FIREFIGHTERS UNION CA CA270/05

Citation

openlaw-f4342f33_1dc2_4fef_9b68_2c8d18825cf8.pdf
Court

Court of Appeal

Majority held the collective agreement complies with ss56 and 57: the alternative (lieu) days are contained within the 16 day slot and include days that would otherwise be working days for firefighters (the working-day positions within the slot); pooling of sufficient working days within the slot satisfies s57(1)(a) because employees can nominate a specific day within the agreed slot or use s57(2)/(3) to determine timing; Employment Court erred in finding non-compliance.
13 Mar 2006

NEW ZEALAND FIRE SERVICE COMMISSION V NEW ZEALAND PROFESSIONAL FIREFIGHTERS' UNION INC CA CA270/05

Citation

openlaw-2d7af3d1_9707_4dad_b64c_93a4667b3cb8.pdf
Court

Court of Appeal

Leave to intervene was granted because Business New Zealand had direct involvement in the development of the Holidays Act 2003 and can assist the Court on the statutory interpretation of s 57, an issue likely to affect parties beyond those before the Court; conditions were imposed to prevent duplication of submissions and a timetable was set.