STAR Newsletter 5

Volume 2, Number 2, March 2010

From the Branch President, Megan Clayton Welcome to a new semester and the continuing uncertainty that restructuring brings. The TEU and the university held meetings during the last fortnight to attempt to reach agreement over the three change proposals that have been open for consultation over the Christmas and New Year period. While the two parties were unable to agree on all that the employer proposed, both agreed that the obligation in law to attempt to reach agreement had been met.

UC Change Thermometer

This week the decision-makers will meet with staff whose positions are affected by the current change proposals, to announce to individuals the outcome of the consultation process and confirm disestablishment, transfer or new reporting lines where applicable. TEU representatives will be close by during these meetings and available to affected members. We will address questions such as “what next” and “where to” on a member-by-member basis, as every member’s situation, and indeed outcome, will be different.

The following week, the process will begin again with the release of change proposals affecting the new Director of Communications and External Relations portfolio. TEU will organise meetings with affected members immediately following the proposal’s release and the consultation process will commence once more.

The union remains committed to the consultation process around change proposals, even as we acknowledge the frustration inherent in the law which privileges the employer’s right to initiate change in this manner. The employer has in large regard adhered exactly to the legal requirements around the consultation process during this round of change proposals, and individual decision-makers have been willing to engage directly and constructively with the union and its members in a manner not seen during previous periods of change. At the same time, the union’s representatives have learned a lot from the process and feel well-equipped to support and advise members through the coming round. With informal, industrial and legal options available to us during the change process, we remain a strong organisation and advocate for members.

I would like to extend the thanks of the branch to National General Staff Vice-President Helen Kissell of the Law Library, who has been one of the main representatives working on member submissions during the last round of change. Helen’s work on behalf of members in the library, ICT and Student Administration has been invaluable, and her organisational efficiency and personal resilience has very much set the tone for the union’s response over the summer. The branch wishes Helen well following the birth of her son and looks forward to her return in 2011.

Redundancies: 30 Redeployments: 0

Introducing our VP Welcome to the newest member of the TEU’s Project STAR team, Branch Vice-President Jennifer Middendorf.

Jennifer is an Administrator in the School of Humanities, and has served on the Branch Committee for the TEU (and formerly for the AUS) since 2004.

She’ll be stepping into Helen’s shoes for the next few months, working with Megan and the organisers to support members affected by Project STAR.

Congratulations to Helen Kissell on the birth of her baby boy!

Helen is on parental leave, and will be stepping back from her work on Project STAR to concentrate on the new arrival.

Update on Redeployment Discussions Members may recall that the TEU has previously reported on conversations which we have been having with university management about the university’s redeployment obligations under our CEAs and legislation. The university has advised TEU that they believe that provisions in the State Sector Act relating to educational institutions prohibit their ability to redeploy or transfer employees to other vacancies within an institution. They argue that the act requires that all vacancies need to be openly contested and that this includes a requirement to advertise the roles externally unless it is not practicable to do so. The university considers that it would only be in very rare circumstances that it could be argued that it is not practicable to externally advertise. This requirement for educational institutions in the State Sector Act also differs from that of other state employers who do have the option to consider transfers during restructuring.

Although the university has used internal recruitment from pools of staff affected by change proposals in the past, they now believe that this approach does not meet the requirements of the State Sector Act and are not prepared to consider this approach under future change proposals. Discussions have been ongoing between the union and university lawyers to seek a solution which will allow the requirements of the State Sector Act to be satisfied while still allowing for meaningful redeployment in the university as is envisaged by the provisions in our CEA. No solution has been reached at this time.

So, what does this mean for redeployment in the university? As things currently stand, the university would consider that a staff member has been redeployed if they apply for and are successful in attaining another position within the university during their redundancy notice period. If this is the case then the redeployment provisions in the CEA can be applied. These provisions are laid out in full in Clause C.6 Redundancy Provisions in the GSCEA and include: Where the new position is at a lower salary, an equalisation allowance will be paid for a period of two years to preserve the salary of the employee in the old position at the time of redployment.

The employer can decide whether an equalisation allowance is paid as a lump sum or an on-going allowance.

An employee who has been redeployed, may, within the first six months in the new position elect to resign from it, giving appropriate notice, and will have severence pay calculated as though they had not taken up the new position.

Such a severence payment would be reduced if an equalisation allowance has been paid as per C.6.5.1 If an employee is redeployed into a fixed-term position, full severence is paid if the fixed term ceases within a year, 50% of severence is paid if the fixed term is between 1-3 years and no severence is paid if the fixed-term position goes beyond 3 years.

If an employee attains a permanent position within their notice period no redundancy/severence pay will be paid.

Please note: these are extracts only from the GSCEA and the full clauses need to be referred to for a complete understanding of redeployment obligations.

If an employee who has been made redundant attains a position at the university after their redundancy notice period has been served, then the employee retains their severence/redundancy payment and none of the redeployment clauses in the agreement will come into effect.

If you do find yourself in a situation where you believe you have been 'redeployed' and are due entitlements under the GSCEA, then please contact the TEU Organisers to negotiate this with the employer on your behalf.

Contact your organisers Ilam Members Gabrielle Moore 021 190 2396 extension 6485 tertiaryunion@canterbury.ac.nz

College of Ed Members Paul Corliss 021 859129 extension 6288 paul.corliss@teu.ac.nz

Phil Dodds 027 44 99 422 extension 6768 phil.dodds@teu.ac.nz

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