Jetstar is entitled not to offer its pilots an alternative day off if they are on call on a public holiday but do not have to work, the Employment Relations Authority says.
The New Zealand Air Line Pilots’ Association went to the authority alleging breaches of the Holidays Act and collective agreement for pilots.
It argued that pilots were entitled to an alternative holiday when they were on standby during a public holiday, even if they were not called to work.
The association – and two pilot members, Richard Greenslade and Greig Johnston – argued the restrictions on the pilots on standby were such that they could not enjoy a holiday as they normally would.
They:
- had limitations on the consumption of alcohol
- had to be prepared to report to work within two hours of being called
- had to have their uniforms ready
- could not spend time with family if it pulled them too far away from work
- and could not take medication or undergo things such as dental treatment if it interfered with their ability to work.
The association said the limitations were made more onerous when pilots had to ensure they were contactable at all times while on standby.
Pilots were restricted from observing occasions of national, religious or cultural significance and celebrating with friends and family.
Jetstar argued there was no entitlement to an alternative holiday. It said that some of the restrictions were inherent for any employee on standby, and requirements such as abstaining from alcohol were not unique to standby pilots.
Authority member Alex Leulu said there was no dispute that an employee on call would face some degree of restriction, including not being able to fully observe occasions of national, religious or cultural significance with some family and friends.
“Given the nature of the pilot’s role in this case, issues such as health and safety meant the Jetstar restrictions on the consumption of alcohol and medication were reasonable. The other restrictions such as limitation on activities and the requirement to attend work were not significantly onerous and were not outside the usual bounds of planning one might be expected to undertake knowing they are rostered to be on standby.
“Johnston’s evidence also focused on him residing in Bombay and the logistical difficulties and restrictions he faced trying to attend work within two hours after being called to duty while on standby.
“It is difficult to understand how Jetstar could account for any restriction on a pilot based upon where they decide to reside. Where a pilot resides is ultimately a decision by the pilot knowing their employment obligations. Little weight can be given to Johnston’s evidence in this regard.”
Leulu said the restrictions were not enough to conclude that pilots did not have a whole public holiday while on standby.
“I accept the Jetstar pilots who are on standby during a public holiday are not entitled to an alternative holiday unless they are called to duty.”
