Union wins case against Ministry of Education over job cuts
The Employment Relations Authority ruled that the Ministry of Education did not comply with its collective agreement.
Over the term break, the Employment Relations Authority ruled in favour of the Public Service Association (PSA), who filed proceedings against the Ministry of Education for breaking terms of the collective agreement during job cuts.
The Authority found that MoE did not engage in proper consultation process with PSA over redundancies.
The Authority ruled that the Ministry of Education needed to adopt a case-by-case basis for individuals including considering retraining, leave without pay, early retirement, severance and assistance into further work.
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It also stated the Ministry must consult with the PSA over redundancies.
It’s uncertain how the ruling will affect the Ministry’s change decisions, though the PSA has said it expects the Ministry will begin consultation anew with the union.
“This decision is a victory for dignity and fair treatment of people at work. The attempt to dismiss hundreds of workers by the Ministry is found to be unlawful,” said PSA assistance secretary Fleur Fitzsimons.
She added there was “no attempt” to engage with the PSA from the Ministry of Education.
“[The decision] means that the Ministry should reconsider its approach to matters including reopening voluntary redundancy and reducing its reliance on contractors.”
Jan Tinetti, education spokesperson for Labour said the findings by the Authority “demonstrate that the government was moving too far too fast in its pursuit of putting people out of work to pay for unnecessary tax cuts.”
The Ministry of Education said it would consider next steps and provide relevant updates. A spokesperson for the Ministry said they will be considering “the decision and its implications.
“We have agreed that we will meet with the PSA once both parties have had a chance to properly understand the decision and next steps.”
