The New Zealand Airline Pilots' Association Industrial Union of Workers Incorporated & another v Air Nelson Limited [2008] NZCA 521 (2 December 2008)

Last Updated: 10 December 2008

IN THE COURT OF APPEAL OF NEW ZEALAND

CA640/2008

[2008] NZCA 521

BETWEEN THE NEW ZEALAND AIRLINE PILOTS' ASSOCIATION INDUSTRIAL UNION OF WORKERS INCORPORATED
First Applicant

AND SIMON JOHN PALMER
Second Applicant

AND AIR NELSON LIMITED
Respondent

Court: William Young P, Chambers and O'Regan JJ

Counsel: R E Harrison QC for Applicants
C H Toogood QC and K M Thompson for Respondent

Judgment: 2 December 2008 at 11.30 am

(On the papers)

JUDGMENT OF THE COURT

Leave to appeal is granted under s 214(3) of the Employment Relations Act 2000 on the following question of law:

Did the Employment Court err in its application of s 90 of the Employment Relations Act 2000 in finding that the strike notice dated 9 May 2008 issued by the First Applicant, which stated that pilots “... intend to strike after the expiry of fourteen (14) days and before the expiry of twenty eight (28) days of the date of receipt of this notice by the Employer”, failed to comply with the requirement that the said strike notice “must specify ... the period of notice, being a period that is ... no less than 14 days” as required by s 90(3)(a)(i) of the Act?

REASONS OF THE COURT

(Given by O’Regan J)

[1] The respondent consents to leave being granted on the question set out above. The Court is satisfied that leave is appropriate. The matter has been dealt with on the papers pursuant to directions by O’Regan J that the requirements of rr 22 – 25 of the Court of Appeal (Civil) Rules 2005 be dispensed with (r 26(4)(a)) and that the application for leave be determined on the papers (r 26(4)(b)(ii)).

Solicitors:
R R McCabe, NZALPA, Auckland for Applicants
G L Norton, Air New Zealand Ltd, Auckland for Respondent