The PSA has applied to the Employment Relations Authority
for an urgent interim injunction to stop Solicitor-General
Anna Adams KC implementing a rushed restructure of Crown
Law’s leadership.
The PSA on Thursday asked the
Solicitor-General in writing for an immediate undertaking to
keep the existing structure and positions in place while its
legal challenge at the Authority on the changes is resolved
(see earlier media statement below). No undertaking was
given. Instead, on Friday the Solicitor-General told staff
that decisions had been made.
“We gave the
Solicitor-General every chance to do the right thing. She
chose to press ahead regardless, so we’ve had no choice but
to seek an injunction,” said Fleur Fitzsimons, National
Secretary of the Public Service Association Te Pūkenga Here
Tikanga Mahi.
“These leadership changes have a wide
and significant impact on every part of Crown Law, and the
collective agreement requires genuine consultation before
decisions are made. Instead, staff got nine working days and
were told only four out of 200 of them are affected. That’s
simply not credible.
“This is not meaningful
consultation. It’s a clear breach of Crown Law’s
obligation under the collective agreement to consult, and
the whole process has been rushed. This should not be pushed
through on the eve of the election.
“Workers rightly
expect better from the Government’s chief legal adviser,
who should be setting the example when it comes to following
the law.
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“Crown Law staff do vital work upholding the
rule of law for every New Zealander. We’re asking the
Authority to hit pause so this is done properly and staff
are heard.”
Background
The Authority has set
down 4 December to hear the application for interim orders.
The injunction seeks to restrain implementation of the
changes and preserve the remedies sought in the PSA’s claim,
filed on 2 November.
The PSA is also seeking an order
compelling mediation on the issues after the Solicitor
General refused to enter into mediation on Friday.
In
the earlier action filed on 2 November the PSA asked the
Authority to:
– find that Crown Law has breached the
collective agreement and the duty of good faith
–
order Crown Law to meet its consultation and relationship
obligations before any decision is made on the
proposal
Previous statement
3
November: PSA takes Solicitor-General to ERA over rushed
Crown Law
restructure
