TVNZ has lost an appeal at the Employment Court over the way it handled recent job losses.
In a just-released ruling, the court has dismissed TVNZ's appeal of an earlier case at the Employment Relations Authority.
The broadcaster has been ordered to comply with a clause in the collective employment agreement at the centre of the case within 20 working days.
Chief Employment Court Judge Christina Inglis said "the short answer is yes" as to whether TVNZ breached the clause.
She added it was difficult to reconcile the steps TVNZ was seeking to take, with a real attempt to engage with its obligations under the clause.
"There is some strength to the suggestion that TVNZ has been attempting to control the process and the amount of time it would take," the court's ruling said.
It said that was done by TVNZ "seeking to shoe-horn it into its own timeframes for bringing the change process to a conclusion".
The ruling stated the collective agreement clause required disclosure of all relevant information so staff can participate in proposals.
"That opportunity was denied to them."
It followed a hearing at the ERA earlier this month where TVNZ was found at fault. It found there was time for the broadcaster to consult with staff in line with the collective agreement, but that it did not.
It said evidence and information suggested the collective agreement clause wasn't considered at a pivotal time when the TVNZ executive was fleshing out its proposal.
The ERA ruled that an Ideas Week - and the TVNZ transformation project Te Paerangi - did not achieve what the clause in question required.
"If having to redo things again comes at significant cost, that is a natural consequence of its [TVNZ's] breach," the ERA said.
TVNZ and the E tū union were ordered into mediation and the ERA said a compliance order would be issued against TVNZ if that didn't work.
Mediation wasn't successful and TVNZ appealed against the ruling to the higher up Employment Court.
A two-day hearing was held at the Employment Court this week leading to today's ruling.
Union and TVNZ react
Union negotiator Michael Wood told 1News the judgement confirmed TVNZ "broke the collective agreement in every sense".
"This is a very clear judgement which has entirely dismissed TVNZ's appeal and put in place a compliance order which forces TVNZ to follow its obligations," Wood said.
"TVNZ has completely botched this process - they have brought themselves into disrepute, they have shattered morale, they have racked up tens of thousands of dollars in legal costs and will potentially face further financial damages.
"The nature of this judgement means there is now an opening for staff at TVNZ to pursue grievances, and we believe they would have a very strong case. It's now time for TVNZ to drop their foolish pride."
TVNZ told 1News after the ruling the court has directed it to take steps with the union to remedy the situation, which it will now work through.
"The Employment Court has released its decision that TVNZ didn’t engage enough with the Union and its members before consultations began with our people on 8 March 2024. The Court has directed us to take steps with the Union to remedy this, which we will work through," the broadcaster said in a statement.
What's the case about?
At the heart of the hearings has been a clause in the collective agreement covering affected staff.
Clause 10.1.1 states TVNZ would support the active participation of staff in the development of the organisation and changes in the workplace.
It stated staff are to be "involved throughout", according to the earlier ERA ruling.
The union for journalists, E tū, took the case to the Employment Relations Authority saying that clause wasn't followed.
TVNZ in turn argued there had been no breach and that it had been clearly communicating with staff.
When the ERA ruled against TVNZ, the broadcaster said it was disappointed by the decision and later launched an appeal in the Employment Court.
Employment Relations Authority decisions can be appealed to the Employment Court within 28 days.
What did TVNZ axe?
TVNZ cut some of its most popular programmes and staff saying the broadcaster's costs were too high and income from advertising too low.
News bulletins at midday and in the late evening were axed, along with long-running current affairs show Sunday and consumer show Fair Go.
There were tearful goodbyes in the studio and newsroom after programmes recorded their final shows this month.
Roles in youth online arm Re: News were also cut along with staff working in news graphics, editing and other parts of TVNZ outside the newsroom.
Affected staff who haven't been redeployed have been leaving the building since.
Separately, TVNZ recently confirmed Shortland Street was still under review as it continues to look at its costs.
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