NZ Airline Pilots Assn v Air New Zealand

[2007] NZSC 12

IN THE SUPREME COURT OF NEW ZEALAND

SC 91/2006
[2007] NZSC 12

BETWEENTHE NEW ZEALAND AIRLINE PILOTS' ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED

Appellant

ANDAIR 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 2007 

JUDGMENT 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