Troy Mahupuku

The appeal for funds to provide support and assistance to Troy is still open, but will be closed shortly. So this is close to your last opportunity to, in a practical way, demonstrate your support to Troy and his family. Members are therefore encouraged to donate.

Bank Account details – 01-0542-0140032-03 (NZ Professionals Firefighters Trust Fund).

Joint Notice - Impact of Christmas and New Year Statutory Holidays on Leave Cycles

Clause 2.7.1(c) of the current Collective Employment Agreement between the NZFS and the NZPFU describes how public holidays falling within periods of leave will be dealt with for rostered shift staff.

This clause states that

"If a public holiday falls or public holidays fall within the extended leave period (i.e. the 14 days) the leave will be extended by the number of public holidays in the same manner as applies to sickness, namely an additional leave day is added to the first duty day shift immediately following the extended leave period."

In most circumstances, the application of this clause is straightforward. However, where statutory holidays fall during and immediately following the end of a leave cycle, this clause must be read in conjunction with the Holidays Act, which is clear that leave cannot be taken on a statutory holiday. This is relevant to the upcoming Christmas and New Year period, for those employees in Leave Group 4.

Two statutory holidays fall during Green Watch Leave Group 4's period of leave, being 25 and 26 December. Applying the Holidays Act and Clause 2.7.1 (c) of the Collective Employment Agreement they receive their additional days' leave on 29 and 30 December, and therefore return to work on the night shift on 31 December.

Two statutory holidays fall during Red Watch Leave Group 4's period of leave, being 25 and 26 December. Applying the Holidays Act and Clause 2.7.1 (c) of the Collective Employment Agreement, Red Watch Leave Group 4 would receive one of their additional leave days on their first day shift of 31 January, return to work for their second day shift on 1 January, and first night shift on 2 January, and then receive the second of their additional leave days on their second night shift on 3 January. This is because additional leave days cannot be taken on a statutory holiday.

Two statutory holidays fall during Brown Watch Leave Group 4's period of leave, being 25 and 26 December. Applying the Holidays Act and Clause 2.7.1 (c) of the Collective Employment Agreement, Brown Watch Leave Group 4 would return to work for their first day shift on 2 January, then receive their two additional leave days on their second day shift on 3 January, and first night shift on 4 January. This is because additional leave days cannot be taken on a statutory holiday.

Four statutory holidays fall during Blue Watch Leave Group 4's period of leave, being 25 and 26 December and 1 and 2 January (because the leave period ends at 0800 on 2 January). Applying the Holidays Act and Clause 2.7.1 (c) of the Collective Employment Agreement, Blue Watch Leave Group 4 would receive four additional days leave for 25 and 26 December and 1 and 2 January, which are then taken on 4, 5, 6 and 7 January. They therefore return to work for their second cycle of shifts on 12 January 2013.

Two statutory holidays fall during Green Watch Leave Group 5's period of leave, being 1 and 2 January. Applying the Holidays Act and Clause 2.7.1(c) of the Collective Employment Agreement they receive their additional days' leave on 14 and 15 January, and therefore return to work on the night shift of 16 January.

One statutory holiday falls during Brown Watch Leave Group 5's period of leave, being 2 January. Applying the Holidays Act and Clause 2.7.1(c) of the Collective Employment Agreement they receive their additional day's leave on 18 January, and therefore return to work on the day shift of 19 January.

It is recognised that both Red Watch Leave Group 4 and Brown Watch Leave Group 4 may prefer to pro rata the two additional leave days they receive, given that they are required to return to work in between leave days.

Red and Brown Watch Leave Group 4 workers must notify the rosters office by Thursday 31 October 2013 if they wish to pro-rata their additional annual leave days. If no notification is received Red Watch Leave Group 4 workers will be required to return to work on 1 and 2 January before taking their final additional leave day on 3 January, and Brown Watch Leave Group 4 workers will be required to return to work on 2 January before taking their two additional leave days on 3 and 4 January.

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