The Court of Appeal has granted the Fire Service’s application to appeal the Employment Court decision regarding Days in Lieu.

The decision is attached.

There is no indication at this time, as to when that hearing will occur, but it is unlikely to be this year. However, the Union will be strongly putting a case for urgency.

There also still appears to be some confusion as to when a member is entitled to take Days in Lieu that are currently provided (i.e. for working an overtime shift on a Public Holiday). The rules are quite clear:

  • There must initially be an attempt at an agreement between the worker and the employer.
  • If agreement is not possible, then on a date determined by the worker.

If you wish therefore to take a Day in Lieu you are entitled to, you are entitled to ask and be given that Day in Lieu on another Public Holiday.

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