Jetstar Denied Pilots Alternative Days Off in New Zealand

AUCKLAND- Jetstar Airways (JQ) has successfully defended its stance before the Employment Relations Authority, which ruled that the airline is not obligated to offer an alternative holiday to pilots on standby during public holidays, unless they are actually called in to work.

The New Zealand Air Line Pilots’ Association (NZALPA) took legal action, arguing that standby restrictions deprived pilots of truly observing public holidays. However, the authority concluded that the imposed limitations did not justify additional leave entitlement.

Photo: Qantas

Jetstar Pilots’ Alternative Days Off

The dispute arose when NZALPA and two pilots, Richard Greenslade and Greig Johnston, claimed Jetstar (JQ) breached the Holidays Act 2003 and the collective agreement by denying alternative days off to standby pilots not called to work during public holidays.

Their argument hinged on the nature of standby duty, which, they claimed, significantly restricted personal freedom and prevented genuine holiday observance.

Key conditions placed on standby pilots included:

• Remaining within two hours’ reach of Auckland Airport (AKL)
• Staying contactable at all times
• Being prepared in uniform and work-ready
• Refraining from alcohol or certain medications
• Avoiding any activities that could delay reporting for duty

The pilots claimed these restrictions prevented participation in national, cultural, and religious events, effectively nullifying the holiday’s personal and social value.

Photo: Clément Alloing

Legal Findings

Jetstar countered that these conditions were reasonable and typical of any safety-critical standby role.

It emphasized that restrictions such as abstaining from alcohol or remaining contactable are standard in aviation and are dictated by health and safety imperatives, not public holiday scheduling.

Employment Relations Authority member Alex Leulu ruled in Jetstar’s favor, stating that while standby roles impose certain constraints, they do not eliminate the essence of a holiday unless active duty is assigned.

Leulu acknowledged the validity of concerns around holiday observance but found the limitations not “significantly onerous” enough to justify compensatory leave.

Even evidence regarding a pilot’s commuting challenges from Bombay was dismissed, with the authority noting that residential choices remain the pilot’s responsibility.

According to RNZ, the authority held that “Jetstar pilots who are on standby during a public holiday are not entitled to an alternative holiday unless they are called to duty.”

Photo by WikiCommons

Aviation Employment Standards

This decision sets a precedent in the aviation sector, particularly within New Zealand, clarifying that being on call without actual deployment does not automatically trigger alternative holiday entitlement.

The ruling reinforces the principle that employee obligations and role-specific restrictions do not constitute an infringement of holiday rights unless active work is performed.

This outcome also highlights how labor laws intersect with operational realities in industries where roles demand immediate readiness, especially in critical sectors like aviation.

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