The Fire Service’s decision to appeal the Employment Court’s decision has meant no further discussion of the implementation of that decision.
The initial step in the appeal process is that the Fire Service has sought leave to appeal. It is expected this hearing will be held reasonable quickly.
If leave is granted by the Court to appeal on all or any of the grounds set out, it would usually be some months before the substantive hearing
was heard in the Court of
Appeal and a decision given.
The Union is considering whether to oppose the Leave to Appeal application.
The Union is aware that a number of members have applied to take Days in Lieu so far accumulated. As a consequence, the Fire Service has advised they intend to apply to the Employment Court for a Stay of Proceedings until the appeal process is completed.
Acting on legal advice, the Union will indicate to the Employment Court at this Application for a Stay, that it will abide the decision
of the Court. If such a Stay is
granted, this would have the effect of freezing the use of Days in Lieu.
The Union and the Fire Service have agreed that a Joint Memorandum will be put to the Court of Appeal asking for as much priority
as possible to be given to the resolution of
The Union does not know at this stage when either the stay of proceedings or the application to seek leave to appeal will be
heard, and members will be advised when
dates are known.
APPROVED FILLERS – B.A.
The Union has formally communicated its position to the Fire Service and sought urgent negotiations on the payment of an
allowance for the obtaining of this outside certified
That position has been subject to some verbal clarification, but the Union awaits a formal response to our substantive claim.