Court of Appeal - Days in Lieu, Members Leaving the Fire Service, Transferring Public Holidays to Other Dates

The Union is increasingly concerned at the length of time the Fire Service is taking in filing its case on appeal to the Court of Appeal.

The Fire Service has 6 months from the date of being granted leave to appeal to file its case. Leave to appeal was granted in November 2005.

Members will recall that as part of the appeal process, the Fire Service applied to the Employment Court for a stay on the Employment Court Decision until determined by the
Court of Appeal.

As part of that process, the Union did not oppose the application (the Union did not support it either), but simply agreed to abide the Decision of the Court. This position
was adopted subsequent to discussion and agreement with the Fire Service that they would process their application to the Court of Appeal with urgency.

Clearly the Fire Service is not proceeding with urgency, and the Union has formally notified the Chief Executive of its concern and asked him to honour the agreement made.
Members Leaving the Fire Service

a) Days in Lieu
Members who have left the Fire Service subsequent to 1 April 2004 will be entitled to payment for Days in Lieu accrued, if the Union wins its case. Administration arrangements for this will need to be agreed.

b) P.C.A. Allowance
The Fire Service initially adopted a position that any member who had completed the P.C.A. but left the Fire Service prior to the P.C.A. payment date – 26 April – would not receive the P.C.A. Allowance.

The Union disputed this position and the Fire Service has now agreed to pay the allowance to such members, provided they make the appropriate claim at the time of
leaving.

Transferring Public Holidays to Other Dates
There still appears to be some confusion over the application of Section 45 of the Holidays Act for the last Christmas/New Year period. The Union’s understanding was outlined in two Newsletters – 22 December 2005 and again on 10 February 2006.

Section 45 of the Act provides inter alia –

If Christmas or New year’s Day: