TVNZ fails in bid to appeal Employment Court decision

Friday, 31 May 2024

TVNZ has been ordered to comply with a clause in its collective agreement that the Employment Court ruled it breached.

The Employment Court has dismissed TVNZ's appeal to its earlier ruling in a case brought by E Tū Union.

The broadcaster appeared in the Employment Court in Auckland on Wednesday to appeal a ruling that it failed to consult with staff before cancelling programmes, including Sunday and Fair Go, and making about 70 employees redundant.

E Tū said a clause in its contract with TVNZ, specified employees needed to be involved in workplace changing decisions.

TVNZ lawyer Paul Wicks KC said the broadcaster's dire financial situation required labour savings of $10 million.

Former Sunday presenters and journalists Miriam Kano and Mark Crysel talk to Stuff’s Emily Brookes about the closing down of the TVNZ flagship current affairs programme.

TVNZ chief operating officer Brent McAnulty told the court a downturn in revenue began at the start of 2023, and by November, all cost-savings had been 'exhausted', apart from cutting jobs.

Staff were not made aware of the proposal until March 2024, McAnulty said, because they believed telling staff before the Christmas break would have had a 'catastrophic impact on morale'.

The appeal ruling said in short, that yes, TVNZ did breach its collective agreement by not letting staff know about its plans.

In her ruling, Chief judge Christina Inglis said TVNZ must comply with clause 10.1.1 of the agreement within 20 working days.

There were about 46 union members affected by the redundancies, many of whom have already left TVNZ.

What it means for staff

E Tū negotiation specialist Michael Wood said the ruling was an 'embarrassing outcome' for the broadcaster and a clear victory for the workers.

TVNZ staff during a protest against the closure of news programs Fair Go and Sunday.

'TVNZ completely failed to follow its own agreement with staff. It completely failed to involve them in planning for this change at the organisation,' he said.

'It withheld critical information from them which it had as early as November … it's been a completely botched process from TVNZ.'

The Employment Court compliance order was a 'very strong legal tool which forces the company to follow the agreement under pain of penalties if they don't', Wood said.

It meant TVNZ must now 'sit down properly with their staff' and consult them on the change.

E Tū negociation specialist Michael Wood said the whole consultation process had been “botched”.

The staff who had already left TVNZ could now seek to take action against the broadcaster through the Employment Relations Authority, Wood said.

They would have a 'strong claim' for either reinstatement or compensation.

For the workers still at TVNZ who had been issued with redundancy notices, 'those redundancy notices cannot proceed', he said.

The broadcaster would now also have to work through the proper process regarding the cancelled programmes, like Fair Go.

Wood said he did not want to predetermine the outcome of those talks.

'Obviously it is very challenging to bring back shows which have already been cancelled.'