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New Zealand Air Line Pilots' Association Incorporated v Air New Zealand Limited - SC 48/2016

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Summary

Civil Appeal – Whether the Court of Appeal erred in concluding that the respondent’s appeal from the Employment Court was not barred for want of jurisdiction by reason of s 214(1) of the Employment Relations Act 2000 – Whether the Court of Appeal erred in holding that the Employment Court had wrongly applied or failed to apply orthodox principles of contractual interpretation. [2016] NZCA 131   CA570/2014

Result

A Leave to appeal is granted (Air New Zealand Limited v New Zealand Air Line Pilots’ Association Incorporated [2016] NZCA 131)
B The approved question is should the Court of Appeal have dismissed the appeal for lack of jurisdiction?
13 July 2016
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A The appeal is dismissed.  
B Leave to admit the affidavit evidence adduced by Air New Zealand Limited in support of the application for leave to appeal in the Court of Appeal is declined.
C The appellant is to pay to the respondent costs of $25,000 plus usual disbursements (to be fixed by the Registrar if necessary).  We certify for two counsel.
14 July 2017

Hearing Transcripts

Related Documents

Employment Court decision — NEW ZEALAND AIR LINE PILOTS' ASSOCIATION INCORPORATED v AIR NEW ZEALAND LIMITED NZEmpC AUCKLAND [2014] NZEmpC 168 [11 September 2014]

Court of Appeal decision — AIR NEW ZEALAND LIMITED v NEW ZEALAND AIR LINE PILOTS' ASSOCIATION INCORPORATED [2016] NZCA 131 [15 April 2016]

Leave judgment - leave granted — NEW ZEALAND AIR LINE PILOTSʼ ASSOCIATION INCORPORATED v AIR NEW ZEALAND LIMITED [2016] NZSC 84 [13 July 2016] (PDF 109 KB)

Substantive judgment — NEW ZEALAND AIR LINE PILOTSʼ ASSOCIATION INCORPORATED v AIR NEW ZEALAND LIMITED [2017] NZSC 111 [14 July 2017] (PDF 617 KB)