New Zealand Aluminium Smelters appeal Employment Court judgment

A longstanding Tiwai workers' dispute about lieu days continues after smelter bosses took their case to the Court of Appeal.

New Zealand Aluminium Smelters argued on Thursday that an Employment Court judgment was wrong, estimating it could cost the company millions of dollars.

In May 2013, 64 Engineering, Printing and Manufacturing Union [rebranded E Tu] members won an Employment Relations Authority case they took against NZAS concerning the accrual of lieu days for 12-hour shift workers at the Tiwai Point smelter in Southland. E Tu lawyer Greg Lloyd said NZAS appealed the Employment Court's interpretation of section 7A of the Holidays Act 1981 - an Act he said no longer existed.

The appeal judges could not overrule an Employment Court decision and could only rule on points of law, he said.

He was optimistic about winning the appeal.

"Even if the smelter is correct and the judge got the interpretation wrong, I believe it would have little effect in the Employment Court decision.

"The worst case scenario if they decide yes, is that the case will revert back to same Employment Court judge to reconsider."

NZAS chief executive Gretta Stephens said: "We await the judgement of the Court of Appeal. As the matter remains before the court, we will not be making any further comment at this time."

NZAS appealed an initial decision in favour of Tiwai workers at a two-day Employment Court hearing held in December 2013. The appeal was rejected in May 2014, and Tiwai Point smelter bosses then lodged an application to the Court of Appeal. The workers embroiled in the dispute were covered by three versions of individual employment agreements at the plant. The EPMU claimed that, since hundreds of employees shifted from eight-hour to 12-hour shifts at the plant about 20 years ago, the company had been incorrectly calculating their lieu day entitlements.