29 May 2024

TVNZ Employment Court ruling expected later this week

4:54 pm on 29 May 2024
TVNZ building in Auckland.

TVNZ chief operating officer Brent McAnulty says staff were not made aware of the proposal until March 2024, because they believed telling staff before the Christmas break would have had a "catstrophic impact on morale". (file image) Photo: RNZ/Marika Khabazi

TVNZ may have to wait until the end of the week to find out if its appeal against an Employment Court ruling is successful.

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.

Union 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.

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 "catstrophic impact on morale".

The Fair Go team farewells the show last Monday.

The Fair Go team farewells the show last Monday. Photo: screenshot / Fair Go

"We needed to let people go and enjoy their summers. It would've unsettled the whole workforce and things were still very live at that stage."

Wicks argued "clear and consistent" messaging was given to staff about the situation and further mediation with the union would not benefit any employees.

"TVNZ took steps to comply with the authority's decision", Wicks told Employment Court Chief Judge Christina Inglis, "but all ideas and proposals have been exhausted".

"There's been no evidence provided by E Tu on re-engagement yielding a different result."

Further job losses were likely, and a complaince order would not change the path TVNZ was on, Wicks said.

"A compliance order will risk TVNZ's financial situation."

However, Mitchell argued TVNZ's breach was clear and a compliance order should be issued.

"What happened in November was a critical issue for TVNZ and staff, and the problem is the business went behind closed doors and stopped talking to people. Round table discussions are needed."

Chief Judge Christina Inglis said her decision on the case would be made before the start of June.