New Zealand Airline Pilots v Air NZ

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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?

See... Leave to Appeal: New Zealand Airline Pilots v Air NZ (PDF)

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