Legal action against polytech over job cuts on cards
Two leaked letters show the Tertiary Education Union is gearing up for legal action against Otago Polytechnic over accusations it bungled the slashing of jobs from a groundbreaking department.
It comes after the polytechnic confirmed this month it was slashing staff its Capable New Zealand multi-disciplinary programme from 30 fulltime equivalents to nine fulltime equivalents and one managerial position.
Capable New Zealand was once the polytechnic's biggest school with over 500 students, but had since dwindled in recent years to about 270 students presently enrolled.
The Otago Daily Times has obtained two letters from the union addressed to Otago Polytechnic executive director Dr Megan Pōtiki.
The first letter called for a pause of the restructuring process.
''The premise of the consultation — the regional viability report and the student numbers — require further scrutiny.
''It appears that the basis for which a surplus staff has been determined is unreliable, consequently the number of surplus staff in the decision document are also unreliable.
''The decision cannot proceed on this basis. As such, we request a pause on the current process as a matter of good faith.''
While requesting a pause, the first letter also said the union ''reserve our legal rights, should Te Pukenga Otago Division continue on its current course''.
''We would also expect that the workloads for staff who would remain once a determination is made are equitable, reasonable and safe as per the collective agreement.''
The second letter, sent last week, argued Otago Polytechnic had breached good faith in the process by failing to honour the pause, while the staff ratio rationale they used for the restructure was ''unsatisfactory''.
''They appear flawed, the ratios have been changing, and the proposed staffing numbers may not be consistent with workload policies and procedures for staff at Capable NZ.
''The employer needs to establish that there is a requirement yet, following consultation Otago cannot establish a requirement to reduce staff, or if so by how many. Proceeding on this basis is a breach of the collective agreement.''
The second letter said before proceeding any further, Otago Polytechnic ''must provide correct information, give staff the opportunity to comment on it, and establish what requirement to reduce staff may exist''.
Dr Pōtiki said yesterday Otago Polytechnic had not received notification of any legal action.
''We are continuing to work with the relevant union [TEU] regarding the next steps of implementation of the outcomes advised.
''The feedback received through the consultation period was carefully considered by the review team, and resulted in several changes being made to the final outcome to reflect staff concerns about the future structure of Capable NZ.
''Otago Polytechnic is continuing to work with staff and students to ensure a smooth transition and minimal disruption to studies.''
matthew.littlewood@odt.co.nz
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