Police Association secures favourable decision but subject to appeal
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This ruling will have retrospective and future benefits for a large number of constabulary and Police employee members who are required to travel to a temporary place of work, and who in doing so, travel a greater distance to work than they would normally.
The association lodged proceedings with the ERA last year, the case was heard in May and the decision, which was in our favour on all points, was released on Thursday 29 August.
The Authority has determined:
- Members must have a home station. They cannot be appointed to a district.
- Members must have a substantive position linked to a specific location (e.g. their home station) which is their normal place of work.
- Members temporarily appointed to an alternative position/role under an EOI process are eligible for the MVR.
- Members temporarily rotated to an alternative position/role are eligible for the MVR.
- Payment of the MVR for members temporarily moved or rotated into an alternative position/role, is not time limited.
This means any temporary move from a member’s substantive position and normal place of work, can trigger eligibility for payment of the MVR and payment is not time limited. Therefore, members are eligible for payment until they return to their substantive position and normal place of work. The ERA’s decision can be viewed here.
Police has indicated an intention to appeal the decision to the Employment Court which will mean further delays before this matter is finally resolved. If Police appeal and depending on the outcome of that, we have agreed the statutory maximum of 6 years for any retrospective claims will be calculated back from Thursday 29 August 2019. This is to ensure members are not disadvantaged by the subsequent appeal if all or part of the Authority’s decision is upheld. This will also give Police time to consider a claims process if required.
It is unlikely any appeal will be decided until next year but we will keep members updated directly and via Police News.