The NZPFU application for Leave to Appeal the Employment Court decision will be determined by two Court of Appeal Judges in March 2021.

In August 2020 the NZPFU sought to protect and enact the rights of appointment and review as provided for in the NZPFU FENZ current collective employment agreement.  FENZ was relying on Fire and Emergency Act in New Zealand 2017 to avoid appointing the best-suited person into the Tranche 2 and 2B roles, and to deny our members their rights under the appointments and vacancies policies including right of review of appointments.

The NZPFU case centres on the vacancy and appointment policies in the NZPFU FENZ collective agreement which require the best-suited person to be appointed, and for all applicants to have full consideration and appeal rights.  FENZ’s appointment process for the re-structure gives preference to those whose positions have been disestablished regardless of their qualifications or experience.  This means some professional career officers who have been acting in the roles for some years will not even be considered for any role until those preferred have been employed.  

The Employment Court declined the NZPFU’s application and the NZPFU now wishes to appeal that decision.  As there is no automatic right to Appeal, an Application for Leave to Appeal was filed.

Today the Court of Appeal has notified that the NZPFU’s application for Leave to Appeal has been set down to be determined in March.  Two Court of Appeal judges will decide whether to grant the NZPFU the right to Appeal on the papers which means there will be no oral hearing or appearance before the Court.

We will keep members informed of any Decision.

Earlier notices about the NZPFU’s case can be read via the following links:

• NZPFU seeks leave to appeal Employment Court decision
• Employment Court Decision
• Employment Court Update