FRMOs will have received letters stating that their positions will be disestablished under Tranche 2B, that the letter constitutes a letter of redundancy and that new positions will be established and advertised next week.
These letters are contrary to the assurances FENZ gave the NZPFU and PSA on Monday that FENZ would consult on the transition between disestablished and established positions, that FENZ would meet to negotiate the terms and conditions of the new Tranche 2B roles. The jobs cannot be advertised
The letter itself sets out a consultation process yet states that is to be concurrent with the advertising of the roles. Therefore this is not genuine consultation and unlawful under our agreements and employment law.
In addition, we have been informed that Region Managers have told FRMOs to put in expressions of interest now to ensure they are considered. This is not correct and unnecessarily harming our members.
The NZPFU and PSA have contacted FENZ requesting the matter be dealt with urgency. We will file urgent legal action if not resolved immediately.
The NZPFU and PSA advises our members of the following:
- The letter falsely claims that the PSA and NZPFU were consulted. The NZPFU and PSA were not consulted on the split of FRMO roles into the two streams of Community Readiness and Risk and Reduction. That split was a fait accompli prior to consultation and in breach of our rights to consultation under our agreements. Additionally, we have provided feedback on the proposed roles and have not had a response to that feedback.
- The reference to the “notice of your redundancy, as per section 30 of the Fire and Emergency New Zealand Act 2017” is an attempt to avoid the requirement to appoint on merit, and avoid the appointments, vacancies and review of appointments policies and processes. These very issues are subject to the NZPFU case that is currently before the Employment Court. FENZ supported the case being heard by the Employment Court and appears to be an attempt to undermine a judicial process. The NZPFU case includes the application of those policies to all positions. The NZPFU legal team has been notified of the FRMO letters and preparing advice accordingly.
- The PSA and NZPFU do not accept the FENZ letter is lawful or consistent with previous undertakings by FENZ.
- Members are advised not to take any action regarding the notice of redundancy or expressions of interest for new positions without union advice. The NZPFU and PSA will keep members informed by joint notices. You will not be disadvantaged by doing nothing at this stage but might undermine your legal position if you do act on this letter at this stage.
WE WILL KEEP ALL MEMBERS INFORMED.
Please reset assured the PSA and NZPFU are united in their approach and collectively we will take every action available to protect your employment rights.
PSA National Organiser