The Public Service Association (PSA) has applied to the Employment Relations Authority for an urgent interim injunction to stop Solicitor-General, Anna Adams KC, from implementing a “rushed” restructure of Crown Law’s leadership.
On Thursday, the Association asked the Solicitor-General (pictured) in writing for an immediate undertaking to keep the existing structure and positions in place while its legal challenge at the Authority on the changes is resolved.
It says no undertaking was given. Instead, on Friday, the Solicitor-General told staff that decisions had been made, said PSA National Secretary, Fleur Fitzimons.
“We gave the Solicitor-General every chance to do the right thing. She chose to press ahead regardless, so we’ve had no choice but to seek an injunction,” said Ms Fitzsimons.
“These leadership changes have a wide and significant impact on every part of Crown Law, and the collective agreement requires genuine consultation before decisions are made. Instead, staff got nine working days and were told only four out of 200 of them are affected. That’s simply not credible.
“This is not meaningful consultation. It’s a clear breach of Crown Law’s obligation under the collective agreement to consult, and the whole process has been rushed. This should not be pushed through on the eve of the election.
“Workers rightly expect better from the Government’s chief legal adviser, who should be setting the example when it comes to following the law.
“Crown Law staff do vital work upholding the rule of law for every New Zealander. We’re asking the Authority to hit pause so this is done properly and staff are heard.”
The Authority has set down 4 December to hear the application for interim orders. The injunction seeks to restrain implementation of the changes and preserve the remedies sought in the PSA’s claim, filed on 2 November.
The PSA is also seeking an order compelling mediation on the issues after the Solicitor General refused to enter into mediation on Friday.
In the earlier action filed on 2 November the PSA asked the Authority to find that Crown Law has breached the collective agreement and the duty of good faith; and order Crown Law to meet its consultation and relationship obligations before any decision is made on the proposal.
