NZEI Te Riu Roa is taking the Employment Court’s recent split decision to the Court of Appeal, challenging the Ministry of Education’s partial strike pay deductions from last year.
“We contest the lawfulness of these deductions and will appeal the recent ruling. On the basis of legal advice about the strength of the dissenting opinion and to take the strongest possible action to support a fair outcome for our members, we are taking this to the Court of Appeal,” NZEI Te Riu Roa President Ripeka Lessels said.
In a split decision last week, two judges of the Employment Court ruled that the Secretary for Education complied with notice requirements. However, Judge Helen Doyle issued a strong dissenting opinion in favour of NZEI Te Riu Roa. She concluded that a “plain reading” of the law required the Secretary to notify each member individually before partial strike action commenced, rather than sending a single notice to NZEI. She therefore found the Ministry’s deductions were unlawful.
The Ministry slashed a tenth of the wages of field staff and service managers after they refused to work unpaid overtime or take on new cases during a month-long partial strike last year, while continuing to work their contracted hours.
These specialists – including speech and language therapists, psychologists, physiotherapists, learning support advisors, and kaitakawaenga – are tasked with helping the country’s most vulnerable children.