| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 72/04 |
| Hearing date | 29 Apr 2004 - 30 Apr 2004 (2 days) |
| Determination date | 08 July 2004 |
| Member | H Doyle |
| Representation | G Jones ; K Thompson, R McCabe |
| Location | Christchurch |
| Parties | Palmer and Ors v Mount Cook Airline Ltd and Anor |
| Other Parties | Merrick, Child, Hill, New Zealand Air Line Pilots' Association |
| Summary | DISPUTE - Interpretation of collective agreement - Whether continuous employment - Whether pilots initially engaged as temporary employees ranked higher in seniority than applicants - Pilots engaged earlier than applicants - Engaged as temporary employees for particular aircraft type - Subsequently offered and accepted permanent positions - Seniority based on first revenue flight - Amended collective agreement created obligation on first respondent to hold open vacancies to permanent positions for temporary pilots - Clause consistent with intention pilots were to continue employment on permanent basis - Length of service recognition reinforced view - Pilots' employment continuous - Ranking on seniority list unaffected as employment continuous - Pilots validly ranked higher on seniority list than applicants - Pilots |
| Result | Questions answered in favour of respondents ; Costs to lie where they fall (First respondent) ; Costs reserved (Second respondent) |
| Cases Cited | Boat Park Ltd v Hutchinson [1999] 2 NZLR 74;Inspector of Awards v Feltex Carpets (NZ) Ltd [1980] ACJ 169;Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 All ER 98;J N Anderson & Sons Ltd. v NZ Labourers, General Workers etc. IUOW [1985] ACJ 605;Northern Local Government Officers' Union v Ruapehu District Council [1991] 3 ERNZ 194;NZ Workers IUOW v Codelfa Cogefar (NZ) Ltd [1982] ACJ 589;Paterson v New Zealand Post unreported, YS Oldfield, 27 February 2002, AA 40/02;Ruapehu District Council v Northern Local Government Officers Union [1992] 2 ERNZ 276 |
| Number of Pages | 8 |
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