Employment Court denies TVNZ's appeal over breached collective agreement

The Employment Court ruled on Friday that broadcaster TVNZ breached its collective agreement after failing to hold consultation with staff before proposing redundancies and show cancellations.

The court upheld the decision made by the Employment Relations Authority (ERA) and ruled that the broadcaster failed to comply with the clause 10.1.1 of its collective agreement.

"The short answer is yes," the court decision read. "TVNZ breached cl 10.1.1 of the collective agreement, by effectively bypassing compliance with it."

The clause states that TVNZ will support the "active participation of staff in the development of the organisation and changes in workplace practices."

The court acknowledged that TVNZ held Te Paerangi in July 2023 and Ideas Week in August 2023, which the employer claimed was part of its "robust" consultation process. But the court noted that TVNZ had not disclosed, nor sought discussion, on its range of options to employees before it considered redundancies.

It noted that by November, the broadcaster's executive was already advised of the need to cut $10 million in costs but did not advise the union nor employees about it.

"Neither initiative meets the participatory obligations and entitlements conferred by cl 10.1.1 in respect of the issue that arose in November, and which prompted what followed," the court decision read.

Compliance order issued

The Employment Court gave TVNZ 20 workings days to comply with the clause in the collective agreement, and the broadcaster said it would work with the union regarding the compliance order, Radio New Zealand reported.

Michael Wood, E tū negotiation specialist, said it was "embarrassing" that TVNZ management would need a court-ordered process to force them to follow the collective agreement.

"It is time for TVNZ to seriously engage with their staff and unions to resolve this issue. From the outset, E tū members have been ready to sit down with the company and share their knowledge about how to build a sustainable future for TVNZ, rather than being dictated to," Wood said in a statement.

According to E tū, the compliance order will force TVNZ extend the employment of affected employees by another four weeks.