The PSA has filed legal proceedings to stop the gutting of Health New Zealand Te Whatu Ora on the grounds that it has breached employment law and other agreements.
Health NZ is cutting thousands of roles across the health system. The proceedings, filed with the Employment Relations Authority (ERA), are focused on planned cuts to roles at Health NZ’s Data and Digital Directorate, the ³Ô¹ÏÍøÕ¾ Public Health Service and the Pacific Health Directorate.
“This litigation is aimed at stopping these rushed and damaging cuts, which will endanger the lives of patients, and see thousands of dedicated health workers lose their jobs,” said Fleur Fitzsimons, Acting ³Ô¹ÏÍøÕ¾ Secretary for the Public Service Association for Te Pūkenga Here Tikanga Mahi.
“The PSA will leave no stone unturned in trying to stop dangerous health cuts and job losses.
“This has all been about saving dollars, not saving lives. It’s disgraceful. That’s why we are asking the Employment Relations Authority to urgently hear our case.
“The legal proceedings are on the basis that the proposed changes are grossly substandard, contain basic inaccuracies and pay little regard to the health and safety implications of the proposals on workers and patients.”
The proceedings ask the ERA to issue a compliance order stopping the dismissals based on breaches of:
- obligations under collective agreements,
- the Employment Relations Act,
- The code of good faith in public health (which places stronger obligations on employers to work with unions and focus on patient safety)
- the Healthy Workplaces Agreement and
- Te Mauri o Rongo The Health Charter which all set out how the health system must be run including how health workers are treated.
“Health NZ Te Whatu Ora is obliged to ensure health workers are valued, respected and supported and that patient safety is paramount. These have been breached through a succession of poorly planned and executed restructures.
“For example, the Health Charter states a priority for Health NZ of ‘caring for the people who care for the people’, and that ‘every worker is treated with respect and dignity’.
“The proposed slashing of 47% of the workforce at the Data and Digital Directorate exposes how poor the process has been. Health NZ failed to provide workers with adequate reasons for the cuts and to properly listen to them in the rush to deliver the savings the Government demanded.”
For example, the legal action over Data and Digital states that Health NZ;
- ‘had no adequate knowledge and had paid insufficient regard to the health and safety consequences of the proposals for both employees and patients.
- overlooked or ignored the considerable increase in clinical risk which would follow the introduction of their proposals’.
“Ultimately the Government must take the blame for forcing Health NZ Te Whatu Ora to make these reckless changes to fund tax cuts. Lives will be lost unless these cuts are stopped.”
The ERA action follows the PSA last week asking the Privacy Commissioner to urgently investigate Health NZ’s plan to gut the Data and Digital Directorate, which threatens the security of sensitive patient data.
“The PSA urges the Government to reverse the cuts before long term damage is done to the quality of patient care. The stakes are too high.”
