The Ministry of Education is being taken to court by the Public Service Association over job cuts. Image by Saul Bucio on Unsplash.
<h2><span data-contrast="auto">On Tuesday 4 June, the Public Service Association Te Pūkenga Here Tikanga Mahi (PSA) filed a case against the Ministry of Education (MoE) with the Employment Relations Authority concerning recent job cuts. </span><span data-ccp-props="{";201341983";:0,";335559739";:160,";335559740";:279}"> </span></h2>
<p><span data-contrast="auto">The union claims the MoE is breaking the terms of their collective agreement, which states the Ministry has an obligation to help find other roles for staff it lays off. </span><span data-ccp-props="{";201341983";:0,";335559739";:160,";335559740";:279}"> </span></p>
<p><span data-contrast="auto">“This is not an action we have taken lightly,” said Duane Leo, National Secreta</span><span data-contrast="auto">ry for PSA. </span><span data-ccp-props="{";201341983";:0,";335559739";:160,";335559740";:279}"> </span></p>
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<p><span data-contrast="auto">“[It] comes after we attended mediation on Thursday which ended with no commitment from the Ministry to comply with the collective agreement.”</span><span data-ccp-props="{";201341983";:0,";335559739";:160,";335559740";:279}"> </span></p>
<p><span data-contrast="auto">The union claims one of the principal breaches is the Ministry’s obligation to redeploy affected workers. This would be on a case-by-case basis, with a commitment to retraining where possible. </span><span data-ccp-props="{";201341983";:0,";335559739";:160,";335559740";:279}"> </span></p>
<p><span data-contrast="auto">Assistant Secretary for PSA Fleur Fitzsimmons added this breach is “simply unacceptable&#8230;</span><span data-ccp-props="{";201341983";:0,";335559739";:160,";335559740";:279}"> </span></p>
<p><span data-contrast="auto">“These are humane provisions in the collective agreement designed to make best use of talented education experts.”</span><span data-ccp-props="{";201341983";:0,";335559739";:160,";335559740";:279}"> </span></p>
<p><span data-contrast="auto">Fitzsimmons added that the staff being dismissed at MoE included former teachers and curriculum experts. </span><span data-ccp-props="{";201341983";:0,";335559739";:160,";335559740";:279}"> </span></p>
<p><span data-contrast="auto">“Work is available, and people should be supported into it.”</span><span data-ccp-props="{";201341983";:0,";335559739";:160,";335559740";:279}"> </span></p>
<p><span data-contrast="auto">Leo says the move breaches some “relevant, clear” principles of the collective agreement, including Te Tiriti o Waitangi obligations, kotahitanga (unity) and whakamana (empowerment), among others. </span><span data-ccp-props="{";201341983";:0,";335559739";:160,";335559740";:279}"> </span></p>
<figure id="attachment_30703" aria-describedby="caption-attachment-30703" style="width: 300px" class="wp-caption alignnone"><img class="size-medium wp-image-30703" src="https://www.schoolnews.co.nz/wp-content/uploads/2024/06/tingey-injury-law-firm-veNb0DDegzE-unsplash-300x200.jpg" alt="" width="300" height="200" /><figcaption id="caption-attachment-30703" class="wp-caption-text">The PSA says the job cuts breach several principles of their collective agreement. A similar case was recent won by the E tū union against TVNZ. Image by Tingey Injury Law Firm on Unsplash.</figcaption></figure>
<p><span data-contrast="auto">Other breaches of the collective agreement include the requirement for PSA to be consulted on cost-cutting exercises. Leo says the clause is not unlike other collective agreement clauses like the TVNZ and E tū agreement. E tū </span><a href="https://www.stuff.co.nz/nz-news/350274821/tvnz-ordered-enter-mediation-union-after-shows-axed" target="_blank"><span data-contrast="none">recently won its case</span></a><span data-contrast="auto"> against TVNZ with the Employment Relations Authority, which forced TVNZ back into consultation with affected workers. </span><span data-ccp-props="{";201341983";:0,";335559739";:160,";335559740";:279}"> </span></p>
<p><span data-contrast="auto">Prior to the case being filed with the Employment Relations Authority, independent mediations had been held between MoE and PSA. </span><span data-ccp-props="{";201341983";:0,";335559739";:160,";335559740";:279}"> </span></p>
<p><b><span data-contrast="auto">PSA criticises contractor proposals</span></b><span data-ccp-props="{";201341983";:0,";335559739";:160,";335559740";:279}"> </span></p>
<p><span data-contrast="auto">Leo and Fitzsimmons added that the government’s indication it would hire contractors was “not right”.</span><span data-ccp-props="{";201341983";:0,";335559739";:160,";335559740";:279}"> </span></p>
<p><span data-contrast="auto">The PSA has been seeking legal advice since May. Then-National Secretary Kerry Davies said “It is just wrong that in the middle of an unprecedented series of job cuts the Ministry is hiring contractors instead of using the skills of those already on the Ministry payroll.</span><span data-ccp-props="{";201341983";:0,";335559739";:160,";335559740";:279}"> </span></p>
<p><span data-contrast="auto">“For a government obsessed with cutting spending, it’s appalling that it thinks hiring contractors makes sense when people who can do that work are losing their jobs.</span><span data-ccp-props="{";201341983";:0,";335559739";:160,";335559740";:279}"> </span></p>
<p><span data-contrast="auto">“How can the Minister of Education allow this to happen when the Government made so much noise about clamping down on contractors?” </span><span data-ccp-props="{";201341983";:0,";335559739";:160,";335559740";:279}"> </span></p>
<p><span data-contrast="auto">Fitzsimmons added MoE’s reliance on contractors was “hypocritical..</span><span data-ccp-props="{";201341983";:0,";335559739";:160,";335559740";:279}"> </span></p>
<p><span data-contrast="auto">“Given the breadth and depth of these brutal cuts it’s clear that very soon ministries will be forced to bring back contractors just as happened under the last National-led government. The Government should be upfront about how many contractors it will need to do the work of dismissed public servants in all agencies.” </span><span data-ccp-props="{";201341983";:0,";335559739";:160,";335559740";:279}"> </span></p>
<p>The Ministry of Education has been contacted for comment.</p>

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