important cases to watch

New Zealand Professional Firefighters' Union v New Zealand Fire Service Commission [2007]

The firefighters union is challenging in the Supreme Court a Court of Appeal ruling concerning the interpretation of section 57 of the Holidays Act 2003. This section of the Act specifies the requirements applying to taking alternative holidays. The Court of Appeal determined that alternative holidays must be on an "otherwise working day", being a day that the employee would be required to work if leave was not being taken, and that this day does not have to be an identified day.

New Zealand Tramways and Public Transport Employees Union Inc v Transportation Auckland Corporation Ltd [2007]

The union is appealing an Employment Court ruling that decided that an employment agreement service holiday provision did not require an additional week of holiday to be given as a result of the increase of the minimum statutory annual holiday entitlement to 4 weeks from 1 April 2007. The union appeal is based on the grounds that the Holidays Act 2003 intends to provide everyone with an additional week's leave above their previous entitlement, and that the particular clause at issue provides an additional week’s holiday to compensate for adverse work conditions.

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