Days in Lieu Litigation, Supreme Court - Leave to Appeal
The Union was advised late yesterday that the Supreme Court has granted the Union leave to appeal the Court of Appeal decision.
The approved grounds are:
Whether the Court of Appeal correctly construed the phrase "a day that would otherwise be a working day for the employee" in s 57(1)(b) of the Holidays Act 2003; and
Whether the Court of Appeal was right to conclude that s57(1)(a) does not require specific agreement between the employer and employee as to a specific day for the taking of an alternative holiday.
As has been noted in previous newsletters, there is the possibility of a Collective Agreement settlement, which would include settlement of the Holidays Act litigation.
However, until any such proposal is finalized and full details available for members' consideration, the Union will continue preparation for a hearing of the Appeal before the Supreme Court.
It is expected that broad details of a possible Collective Agreement settlement should be able to be provided shortly.
The approved grounds are:
Whether the Court of Appeal correctly construed the phrase "a day that would otherwise be a working day for the employee" in s 57(1)(b) of the Holidays Act 2003; and
Whether the Court of Appeal was right to conclude that s57(1)(a) does not require specific agreement between the employer and employee as to a specific day for the taking of an alternative holiday.
As has been noted in previous newsletters, there is the possibility of a Collective Agreement settlement, which would include settlement of the Holidays Act litigation.
However, until any such proposal is finalized and full details available for members' consideration, the Union will continue preparation for a hearing of the Appeal before the Supreme Court.
It is expected that broad details of a possible Collective Agreement settlement should be able to be provided shortly.