Fire Service appeals holiday ruling

The Fire Service yesterday applied to appeal against an Employment Court ruling on firefighters working public holidays and claimed it had implications for all shift workers.

The Employment Court in August ruled firefighters should be granted a day off for each public holiday worked, a decision the Fire Service estimated could cost between $3.5 million and $5.5 million per year plus back pay to April 1, 2004, when the Holidays Act 2003 came into effect.

Fire Service lawyer Bill Wilson, QC, said the Employment Court had made errors of law in its decision.

Firefighters received 32 days off each year, of which 21 days were annual leave and the remainder were provided to ensure a day's leave for any of the 11 statutory holidays worked.

"From the view of the Fire Service, it is a generous assumption because it is highly unlikely any firefighter would be required to work all 11 days," he told the Court of Appeal.

It needed to be determined whether there was any material changes between the Holidays Act 1991 as interpreted by the Employment Court and the new law, Mr Wilson said. There was also a question over whether a leave day could be otherwise a working day.

"These are matters of general and public importance," Mr Wilson said.

The ruling had "very real significance" for any shift workers, such as those in the health sector.

"Air New Zealand has already obtained leave to appeal to this court over holiday entitlements."

Professional Firefighters Union lawyer Peter Cranney said the 11 days in 32 was incorrect and firefighters had 28 days holiday over the next three years.

"Some years workers are working all 11 of the holidays," he told the court. The average was eight to nine public holidays.

The Employment Court recognised the controversy but deemed it unnecessary to rule on.

"The Employment Court found it is a matter of contractual interpretation."

Contractual issues were not matters for determination by the Court of Appeal, Mr Cranney said.

"These issues which are before the court are exclusively matters of interpretation of the contract and beyond the jurisdiction of this court."

Professional Firefighters secretary Derek Best said he doubted other shift workers would be affected by the Employment Court ruling because the firefighters' collective agreement was specific to firefighters.

The three-judge bench reserved its decision.

The case

* The Employment Court has said firefighters must have a day off for each public holiday they work.

* The Fire Service wants to appeal against the decision, saying the days off are already given on top of annual leave.

* The Fire Service says other shift workers, such as aircraft crew, could also be affected.

- NZPA