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Jetstar pilots in New Zealand have lost their bid to be given alternative days off if required to be on standby for a public holiday.
The NZ Employment Relations Authority has ruled against the New Zealand Air Line Pilots’ Association and two pilot members who brought a case against the airline to argue that “restrictions and complications” placed on pilots on standby entitled them to alternative holidays.
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“NZALPA argued the pilots rostered on standby on a public holiday were restricted to the extent that they did not enjoy the benefit of a whole holiday. For this reason, it said the pilots were entitled to an alternative holiday,” wrote ERA member Alex Leulu.
“In support of its position, NZALPA relied on the evidence of [pilot Greig] Johnston where he explained the following restrictions and complications associated with a pilot being on standby: limitation on the consumption of alcohol; the requirement to attend work within two hours after being called to duty; ensuring the pilot is prepared with their uniform to attend duty when called upon; restrictions on activities including properly spending time with family and limitation of travel distances from either work or home; and limitation on taking medication and medical operations (such as seeing a dentist) which can affect a pilot’s ability to work if called to duty.”
Despite arguments that the rules meant pilots were “restricted from observing occasions of national, religious or cultural significance”, the ERA sided with Jetstar: “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,” Leulu said.
“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.
“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.”
