ERA finds ministry's layoff attempt to be 'unlawful,' PSA says
The Employment Relations Authority (ERA) has sided with the Public Service Association (PSA) in its case against the Ministry of Education's proposed job cuts.
PSA assistant secretary Fleur Fitzsimons said the ERA declared as "unlawful" the Education Ministry's attempt to disestablish 755 roles.
"The Authority accepted the PSA's interpretation that the collective agreement has not been complied with by the employer. This is because despite what the ministry tried to argue, there was no attempt to engage the PSA as an active participant in the change," Fitzsimons said in a statement.
"The authority found that the ministry used the PSA to receive and disseminate information but that the collective provided for a far more engaged process with the aim of making recommendations to the ministry which they must then take into account."
The ERA also agreed that the ministry was required to adopt a case-by-case approach to the outcomes of employees, according to Fitzsimons.
"This means considering matters such as retraining, leave without pay, early retirement, severance and assisting people into other work for each individual," she said.
According to Fitzsimons, the consideration also covers a requirement that severance for redundancy can only be implemented once the ministry and PSA have agreed that it is an available option and once the affected employee has agreed to it.
"The case-by-case approach and the approach to agreeing options including severance is a very important provision in the collective agreement and now the ministry must comply with it," the official said.
Fitzsimons hailed the decision as a "victory for dignity and fair treatment of people at work."
"It will ensure a more dignified approach to any changes in the future. It also means that the ministry should reconsider its approach to matters including reopening voluntary redundancy and reducing its reliance on contractors," she said.
A spokesperson from the Ministry of Education told Stuff that they have agreed to meet with the PSA once both parties have had the chance to "properly understand the decision and next steps."
The ministry also has 28 days to appeal the ruling to the Employment Court.
This marks another victory for the PSA following its win against TVNZ at the ERA and the Employment Court after the broadcaster failed to hold consultation with staff before proposing redundancies.
