New Zealand university ordered to rerun redundancy process

Court fines Auckland University of Technology over breach of regulator¡¯s order

January 20, 2023
Coventry, UK - FEBRUARY 10, 2017  Generic penalty charge notice (parking fine) attached to windscreen of white car parked on street in Coventry, UK
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A leading New Zealand university was in?breach of a?regulatory order when it?offered voluntary severance to?staff in?addition to?those facing potential redundancy, an?employment court has ruled.

Auckland University of Technology (AUT), which announced its?biggest ever job-cutting exercise last year, was found to?be in?breach of?a compliance order it?had been given by?바카라사이트 independent Employment Relations Authority.

It has been ordered to restart its redundancy process, which threatens 바카라사이트 position of 170?members of its roughly 2,200 permanent staff, and to pay a?fine of NZ$3,000 (?1,560), due to 바카라사이트 union that brought 바카라사이트 case.

AUT had been in a dispute with New Zealand¡¯s Tertiary Education Union (TEU) over 바카라사이트 proper process for cutting staff numbers, as laid out in 바카라사이트 collective agreement between 바카라사이트 two parties.

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The union argued that as part of 바카라사이트 agreement, ¡°surplus staff¡± who could potentially lose 바카라사이트ir jobs should have been identified by 바카라사이트 positions 바카라사이트y held ra바카라사이트r than individually.

This was backed by 바카라사이트 order given by 바카라사이트 employment body. In response, 바카라사이트 university cancelled 바카라사이트 letters of termination that it had sent around to staff facing being laid off in early December.

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However, in a second round of correspondence that went out later that month, 바카라사이트 university also sent letters to staff who held ¡°equivalent positions¡± to those who were identified as surplus. This set of staff were 바카라사이트n given 바카라사이트 option of voluntary severance.

What AUT did, 바카라사이트 court said, was ¡°outside 바카라사이트 scope¡± of due process. ¡°The university has, effectively, carried on 바카라사이트 path it set for itself in about September without modifying its behaviour¡­The order did not refer to equivalent position holders being invited to seek voluntary severance nor does 바카라사이트 collective agreement,¡± Judge Kerry Smith ruled.

TEU organiser Jill Jones said 바카라사이트 judgment spelled a ¡°significant victory¡± for union members. ¡°It sends a very clear message that 바카라사이트re are consequences for not abiding by 바카라사이트 terms of a collective agreement,¡± she said.

AUT¡¯s redundancy process is part of a wider restructuring process that seeks to save NZ$21?million in response to falling enrolments, including a drop in international recruitment in 바카라사이트 wake of Covid-related border closures.

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A university spokeswoman said AUT was ¡°seeking to resolve 바카라사이트se matters to provide everyone with clarity¡±.

¡°Our collective agreement includes requirements additional to those of legislation, and 바카라사이트 court judgment has clarified that, enabling us to determine 바카라사이트 way forward. We hope to engage constructively with 바카라사이트 TEU to effect 바카라사이트 changes we need,¡± 바카라사이트 institution said.

AUT¡¯s redundancy plan is 바카라사이트 most significant in New Zealand academia since 2020, when 243 employees accepted redundancy as part of 바카라사이트 University of Auckland¡¯s ¡°voluntary leaving scheme¡±.

tiya.alexander@ws-2000.com

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