The Employment Relations Department has criticised the major job cuts at the Ministry of Education.

In a decision published today, the ministry ruled that, under the terms of the collective agreement with the Public Service Association, the ministry should have worked more closely with the union on proposed changes that led to the decision to cut about 600 jobs.

The authority also said the ministry should have considered the impact of its proposals on each employee individually, and that it could not dismiss the union members without their consent.

It is not yet clear what the consequences of the ruling will be for the changes the ministry is implementing, but the union expects that the ministry will have to consult with them again about the plans.

According to Fleur Fitzsimons, deputy secretary of the PSA, the authority agreed with the PSA’s interpretation of the collective labour agreement.

“This decision is a victory for the dignity and fair treatment of people at work. The authority found that the ministry’s attempt to dismiss hundreds of workers would have been unlawful,” she said.

“The ministry should now reconsider its approach to issues such as reopening voluntary redundancies and reducing reliance on contractors.”

The authority’s decision states that the collective agreement “requires the Department to engage in a process with the PSA with the aim of reaching agreement on recommendations to be made to management, but the recommendations do not have to be joint or agreed”.

It said that had not happened.

The ruling states that under the agreement, severance payments are “an option that may be available to affected employees who have not yet been re-employment or redeployed, and that this option must be agreed.”

It was also stated that the agreement required the ministry and the PSA to agree on options for staff deemed redundant.

“The implementation of the options will be discussed on a case-by-case basis, i.e. on an individual basis, per employee,” the decision said.

The Ministry of Education said it would keep its staff informed of next steps.

“We need to consider the decision and its implications. We have agreed to meet with the PSA once both parties have had the opportunity to fully understand the decision and the next steps,” a ministry spokesman said.

rnz.co.nz