Air New Zealand Ltd v New Zealand Air Line Pilots' Association IUOW Inc (No 1) [2005] NZCA 135; [2005] ERNZ 312 (30 May 2005)

Court of Appeal of New Zealand

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Air New Zealand Ltd v New Zealand Air Line Pilots' Association IUOW Inc (No 1) [2005] NZCA 135 (30 May 2005); [2005] ERNZ 312

Last Updated: 20 December 2011

IN THE COURT OF APPEAL OF NEW ZEALAND

CA49/05

UNDER The Employment Relations Act 2000, section 214

BETWEEN AIR NEW ZEALAND LIMITED
Applicant

AND THE NEW ZEALAND AIR LINE PILOTS' ASSOCIATION INDUSTRIAL UNION OF WORKERS INC
Respondent

Court: Glazebrook, Chambers and O'Regan JJ

Counsel: J R F Fardell QC and K M Thompson for Applicant
R E Harrison QC and R McCabe for Respondent

Judgment: 30 May 2005 at 10 am

(On the papers)

JUDGMENT OF THE COURT

1. Leave granted to the applicant to appeal on the following questions of law:
   • (a) Did the Employment Court err in holding that s 44(2) of the Holidays Act 2003 requires, in relation to any transferred public holidays, the observation of a specified public holiday on a particular day which is able to be identified?
   • (b) Did the Employment Court err in holding that the collective employment agreement between the applicant [appellant] and the respondent did not comply with the requirements of s 44(2)?
2. Leave granted to the respondent to cross-appeal on the following question:

(c) Did the Employment Court err in failing to grant the relief specified in all or any of paras 3.1-3.4 of the respondent’s statement of problem?

100. Costs on the application and cross-application reserved.
     

REASONS

[1] We note that each party has consented to the other’s application for leave to appeal. Accordingly, we have dealt with the application and cross-application on the papers in terms of r 26 of the Court of Appeal (Civil) Rules 2005. The parties requested that we deal with the applications on the papers.
[2] We are satisfied that the proposed appeal and cross-appeal involve questions of law that, by reason of their general or public importance, ought to be submitted to this court for decision.
[3] We make these grants of leave under s 214(3) of the Employment Relations Act 2000.
[4] The fixture in the miscellaneous motions list for 13 June 2005 is vacated.

Solicitors:
G L Norton, Company Solicitor, Air New Zealand Limited, Auckland, for Applicant
Richard McCabe, NZALPA, Auckland, for Respondent