Tiwai seeks to overturn lieu day ruling
New Zealand Aluminium Smelters has applied to the Supreme Court to overturn a decision on lieu days that would see it paying millions of dollars to its workers.
In February, 64 E Tu union members won a Court of Appeal case against NZAS.
The long-running dispute concerned the interpretation of lieu days after workers at the Tiwai Point plant near Bluff changed from eight-hour shifts to 12-hour shifts in the 1990s.
In an email to staff yesterday morning, NZAS general manager said Gretta Stephens said the business had carefully considered its options and the decision was not made lightly.
The move would mean workers would have to deal with uncertainty for a bit longer, she said.
‘‘We have decided to apply to the Supreme Court for leave to appeal the Court of Appeal’s decision on the lieu days claim.’’
If NZAS was granted leave, the appeal would be about confirming the correct legal interpretation of the Holidays Act 1981, she said.
‘‘We accept that we are required to accrue a lieu day for every day worked on a holiday granted by that act,’’ the email said.
‘‘But we don’t agree that employees are entitled to accrue a lieu day if they actually had the public holiday off work.
‘‘We believe it is very important for NZAS to obtain this final legal determination so this can be resolved for all.’’
E Tu union organiser Trevor Hobbs, who represents the union members at the smelter, said he couldn’t believe NZAS had appealed the decision.
‘‘How many times do they have to be told they are wrong . . . The Employment Relations Authority told them they are wrong, the Employment Court told them they are wrong and three judges in the Court of Appeal told them they are wrong and they still won’t listen.’’
The workers ‘‘can’t believe it’’, he said. ‘‘It’s their [NZAS’] statutory right [to appeal] I suppose, but at the end of the day they are brassing a lot of people off.’’
Hobbs said he had received several emails from upset workers on Friday, one of which said: ‘‘We know they are pig-headed but it has got to the laughable stage.’’
The issue centred on the interpretation of the employment agreement, not the act, Hobbs said.
The union took the case on behalf of 64 union members at the plant; it was the company’s decision to say all the affected staff, understood to total more than 370, would be paid if the company lost the court battle, Hobbs said.
The company has said previously that it would cost about $20 million to pay out all affected staff if it was found liable.
‘‘They are increasing the cost to themselves [if they lose] by 600 per cent,’’ Hobbs said.
Stephens said NZAS was committed to being an employer of choice and was proud that the average length tenure of its employees was 17 years. About 150 people had worked at the plant for more than 30 years, she said.
‘‘As this matter is now before the courts, NZAS will not be making any further comment.’’