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Kia Ora Member,
Across the country we're approaching the end of a huge week of NZNO member activism for safe staffing. While putting their patients first, NZNO members at Te Whatu Ora have stood together and refused to be redeployed to other areas or work additional hours to fill roster gaps caused by chronic understaffing.
Next week the Safe Staffing strike continues. NZNO members at Te Whatu Ora will continue to refuse redeployment and continue to refuse to work additional hours or shifts. The new piece next week is that members will also refuse roster changes proposed by Te Whatu Ora. The details of Week 2 are below.
Safe Staffing strike Week 2, November 24-30
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Members will continue to stand by their patients and refuse redeployment.
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Members will continue to stand together and refuse to work additional hours or shifts.
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In addition, for this week members will refuse to agree to changes to their roster proposed by Te Whatu Ora.
To clarify, members who are already rostered on call must be on call for that shift. Members may refuse to pick up on call shifts that they are not already rostered for (including for dates outside the strike period).
Reports from around the country confirm that this action is having a real impact on Te Whatu Ora. The public are behind nurses standing up for the safe care of their patients. Sustaining these nationally coordinated strikes over an extended period is challenging. As Hutt emergency nurse Kelly McDonald was quoted in Kaitiaki this week: "We all knew when we voted for this action that this was going to be difficult. We knew that we had a staffing shortfall, but we need that to be highlighted. We’re in it for the big picture."
The success of the first week of action reflects how serious NZNO members are about fixing understaffing. Everyone is contributing. The members who are supporting each other to say NO to redeployment or additional hours. The delegates who are providing leadership in their work areas. The senior nurses who have the responsibility of managing requests for NZNO member assistance under Life Preserving Services (LPS) and ensuring this is truly the last option after all other avenues have been exhausted, while also on strike themselves. The members who are working in resource, pool and VRM teams and are under increased pressure during this period of industrial action.
A reminder that if your service is largely unaffected but you have unplanned leave that is not being covered please follow usual escalation to request cover, and ensure this is documented.
Safe Staffing Day of Visibility Friday 28 November
Next Friday 28 November we'll wrap up the two weeks of Safe Staffing strikes with a Day of Visibility.
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Talk with your workmates about what you can do in your workplace to mark the end of the strikes - this might include wearing stickers and taking photos of members on strike.
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Like and share NZNO social media posts.
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PSA members will be striking and rallying at hospitals across the country from 1-2 pm. More details here. NZNO members who can are encouraged to join your local rally and show support.
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Firefighters on strike are also planning rallies at 12pm on Friday 28 November, details here.
Medical certificate requirements
This week Te Whatu Ora sent members in some areas mass communications informing them that a medical certificate would be required for any sick leave. This approach does not comply with the Holidays Act, which requires an assessment of each situation, rather than a blanket approach. NZNO raised this issue with Te Whatu Ora, who have now confirmed that each request will be made to the individual.
When making this assessment, Te Whatu Ora must consider the circumstances of each situation. They must also meet the reasonable costs of obtaining the proof, e.g. appointment and transport costs. Te Whatu Ora have confirmed that they will provide vouchers in advance where they require proof within three days.
Report when you are asked to provide LPS
Remember to report when you are asked to provide LPS. Follow the QR code on the Purple Card to the online reporting form.
How are the strikes impacting your work area?
Tell us the impacts that you see the Safe Staffing strikes having in your work area. Email campaigns@nzno.org.nz to let us know.
Resources and advice for members on strike
The right to strike is a fundamental right under New Zealand employment law. Any request to a member to change duties or work areas or to work additional hours during the strike period is asking the member to break the strike.
If you are asked to redeploy to another ward or work additional hours you should seek advice and support from the delegate or the union. Resources to support NZNO members on strike to make these decisions are linked below.
If the workplace is unsafe
Some members have asked how to respond if their workplace is unsafe. The Health and Safety at Work Act allows for workers to respond to situations of imminent danger by ceasing unsafe work. Key information follows:
- The fact the worker(s) believes something is unsafe provides protection under the Act (even if the employer tries to argue the toss later).
- Each individual worker can exercise this right to cease work individually.
- A Health and Safety Rep trained with unit standard 29315 can direct the workers to cease unsafe work - this can be done to the affected group of workers.
- The workers ceasing/refusing should make it clear they are available to do other safe duties, just not the tasks/duties they believe to be unsafe – this prevents the argument of abandonment of employment etc.
- The duty of care is the duty to act carefully not the duty to sacrifice yourself at all costs.
Download the NZNO advice for members "Cessation of unsafe work" for more information. You can also read the relevant section of the Health and Safety at Work Act here.
If workers believe their workplace is unsafe but the situation is not one of imminent danger, there are other avenues available to act collectively in order to resolve this with the employer. Please contact the MSC or your organiser if you need more information about this.
Daily Q&A sessions for members
If you have questions we will be running drop-in Q&A sessions each weekday through the strike period.
Spread the word - share your photos and images of the strike
Share photos of NZNO members on strike on social media and tag NZNO, or send your best photos and short videos to campaigns@nzno.org.nz
Building our power
Make sure everyone in your work area who can be an NZNO member is with us. Only NZNO members can go on strike. The link to join is here.
Ngā mihi,
Paul Goulter, Chief Executive Officer
Tōpūtanga Tapuhi Kaitiaki o Aotearoa NZNO
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