The Court of Appeal has granted NZEI Te Riu Roa leave to appeal the Employment Court’s split decision regarding the Ministry of Education’s partial strike pay deductions.
“Our appeal challenges how the Employment Relations Act was interpreted and seeks to recover deducted wages. The Act requires employers to give each worker notice before making any deductions – which did not happen,” NZEI Te Riu Roa President Ripeka Lessels said.
“Our position is clear: workers must receive proper notice before deductions are made. This case is about protecting workers’ rights and safeguarding them for future generations.”
In granting leave, the Court of Appeal noted: “It is plain from the material filed that this is not only a question of law, but one that is of wider significance (there being another case involving the same issue that is currently before the Employment Court).”
Last year, the Ministry slashed 10% of the wages of field staff and service managers during a month-long partial strike. NZEI Te Riu Roa members continued working their contracted hours but refused to work unpaid overtime or take on new cases.
These specialists – including speech and language therapists, psychologists, physiotherapists, learning support advisors, and kaitakawaenga – work directly with the country’s most vulnerable children.
ENDS