Firefighters win holidays claim

Firefighters have won a battle in the Employment Court to be granted a day off for each public holiday they work.

The New Zealand Professional Firefighters Union said the decision meant all members were now owed significant numbers of days off which have been denied to them since April 1 last year, when the new Holidays Act came into force.

Judges Barrie Travis and Coral Shaw and Chief Judge Graeme Colgan rejected arguments by Fire Service lawyers.

They said the 14 days' leave in 160 currently received were all working days, and that all 14 were being used by the employer to satisfy its obligation to give alternative days off to union members who work on public holidays.

The union's lawyers argued the 14 days in 160 were not working days, and that the employer must grant additional days.

The union said the court also rejected the employer's argument that public holidays begin at 8am in the Fire Service.

The decision means any member who has worked at any time on any public holiday since April 1 last year is entitled to a full day off in recompense, the union said.

There are provisions in the new Holidays Act which may allow some of those to be sold to the employer for a cash payment, although the details of this will need negotiation with the Fire Service.

Fire Service chief Mike Hall said the decision, which the service has 28 days to appeal against, would cost the organisation between $3.5 million and $5.5 million a year, although provision had been made for it. The final figure would not be known until management sat down with the union to discuss how to implement the changes.

"But we've been aware for quite a long time of the potential impact of this legislation and, quite prudently, we've built in that potential impact in our business model.

"So yes, we can afford it and there will be no impact on services to the public," he told National Radio.

Mr Hall said if the service did not appeal against the decision, it would also owe backpay, from April 1 last year, to the workers.

He said that was also between $3.5 million and $5.5 million a year.

Fire Service human resources director Vince Arbuckle told NZPA that no decision had been made yet on whether to appeal against the court's ruling.

He said that the service had already had preliminary meetings with the union, and they went well.

"The whole thing is being handled in a very constructive manner. It's a new piece of legislation and both parties are still grappling with what it means."

Mr Arbuckle said the service had provided the days off, but they were tied up with other leave arrangements.

- NZPA