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The last two months have seen university staff around Aotearoa take industrial action (Photo: Enzo Giordani/ Design: Tina Tiller)
The last two months have seen university staff around Aotearoa take industrial action (Photo: Enzo Giordani/ Design: Tina Tiller)

SocietyNovember 23, 2022

‘Underpaid and overworked’: The university strikes explained

The last two months have seen university staff around Aotearoa take industrial action (Photo: Enzo Giordani/ Design: Tina Tiller)
The last two months have seen university staff around Aotearoa take industrial action (Photo: Enzo Giordani/ Design: Tina Tiller)

Over the last two months, staff at universities around the country have taken action in an effort to secure improved pay and conditions. Charlotte Muru-Lanning looks at what’s happened so far, and what might happen next.

As living costs continue to surge, workers around the world are seeing their grocery, rent and power bills swiftly rise while their paychecks stand still – leaving many of us, in direct terms, worse off. That mood of discontent has become the backdrop for a flurry of strike action deployed by workers in industries from healthcare, transport, education, journalism, retail and beyond.

Locally, the situation has been much the same. And in the last two months, more than 7,000 university staff across eight universities have taken various forms of industrial action since a national day of strikes and rallies in early October where they walked off the job for half a day to demand pay increases that keep up with the cost of living. It’s the first time in almost two decades that New Zealand’s universities have been involved in strike action collectively and it coincides with a wave of significant strikes at universities overseas – in the US, England and Australia – over the past few months. 

The Tertiary Education Union (TEU) which covers most of the striking staff at New Zealand’s universities has said its members are simultaneously “underpaid and overworked”. 

Who’s involved in the strikes?

Both academic staff (lecturers and tutors) and non-academic staff (payroll, IT, administration, finance and cleaning) at eight New Zealand universities; Auckland University, Auckland University of Technology (AUT), Massey University, Waikato University, Victoria University of Wellington, Canterbury University, Lincoln University and Otago University.

What type of action have they been taking?

In addition to last month’s strikes, 1,100 academic staff and 500 general staff from the University of Auckland have been taking industrial action since last Friday. The strike on entering grades and working beyond contracted hours will end tomorrow at 5pm. A similar strike at the University of Waikato was called off last Monday after the university said it would suspend any staff who participated

Earlier in the month, the union delivered an open letter and petition to parliament to ask for urgent government intervention on the current university pay dispute and for a boost in funding to avoid course cuts. The union has also called on members from Victoria University to boycott next month’s graduation ceremony.

Unionised University of Auckland staff are currently striking. (Photo: Supplied)

Why are they striking?

For the most part, the strikes are focussed around demands for higher pay. TEU national secretary Sandra Grey says that while wage increases in the sector usually keep up with inflation, “the wage increases across the sector were very low in the last year”. She explains that the additional work accepted by staff to help institutions get through the pandemic has only added to a feeling of discontent. “For two years, through Covid-19, these staff pulled out all the stops to keep the sector running and they can’t even get their bosses to agree to help them with the cost of living – it feels very unfair,” she says.

“We don’t want to be doing this, the staff don’t want to be striking,” says Grey. “They want to be teaching, they want to be in the library, they want to be running labs, they want to be in the administrative areas of the university. And they really, really, really just want their employer to recognise all they do.”

What do university staff want?

While the union was initially seeking an 8% pay rise, it has now lowered this to 7.2 % – a rate that matches the most recent estimate of the annual rate of inflation. 

They also want an opportunity for a conversation between the union, university management and the government to address funding and pay rates.

How have the universities responded?

All universities responded very similarly,” says Grey. By that, she means with offers far lower than the union and its members are willing to accept. Grey said members at Victoria, Canterbury and Otago were meeting this week to discuss improved offers, but the offers on the table at the five other universities remained a far cry from what members would accept.

RNZ has reported that the University of Auckland had offered staff a 9% pay rise over two years and 11% for staff paid $60,000 or less. In statement on the university website, University of Auckland vice chancellor Dawn Freshwater expressed disappointment in last month’s strikes and said, “Without a significant increase in funding from central government, the University isn’t in a position to meet union demands for more.”

AUT told RNZ it was offering a 2.75% pay increase to staff. RNZ also reported that The University of Waikato said its previous offer was a 2% increase with some additional payments.

Most universities have allowed staff to strike without repercussions. However strike action was halted at both Waikato University and AUT as the universities threatened to suspend workers who went on strike. The universities have all “flat out refused” the request for discussions between management, the union and government.

Wait, I thought academics were well-paid?

As in every sector, some university staff are really well paid, but that doesn’t apply to all staff. Grey says, “the average salary is basically the same as any other sector”. And she points to university workers like librarians, tutors or those who work in administrative roles, “who earn less than a living wage”.

Data commissioned by the TEU from BERL found that University of Otago average salaries have fallen by 10% in real terms over the last 13 years, while the University of Auckland, that figure is 17%. However, Otago Daily Times reported that Universities New Zealand chief executive Chris Whelan rejected the conclusions made about the data.

Most universities have allowed staff to strike without repercussions.(Photo: Enzo Giordani)

Why now?

There have been previous strikes by separate groups of university staff, but this is the first time in 16 years that staff across universities have collectively rallied for better conditions. The reason this is all happening at once is largely by chance: all of the collective agreements at all eight universities expired around the same time. “Members from the eight universities decided they would work together this year to support each other because there are common issues,” says Grey. 

What impact does that have on students?

Undoubtedly, any type of strike action has an impact on students. “The intent is to disrupt the university’s business, not to harm students,” says Gray, but she added, “they do get caught in this”. Despite the disruption during exam season, she’s picked up on an appreciation from the student associations and the wider student body that the current situation for staff isn’t good for students either. “The people who are taking industrial action support the students daily, and the students see that, and they know that the staff are the heart and soul, they are the universities,” she says.

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What’s the root cause of these problems?

For Grey, the current situation is a reflection of a wider structural problem in the sector. Those problems have roots in three decades worth of government policy and regulations which have shifted the way in which universities are funded and how success is measured within and across institutions. “Over the last three decades, we’ve seen a change where universities aren’t talked about as being a social and public good anymore,” she says. Instead, “they’re seen as businesses”. 

Could there be more strikes?

Yes. It’s likely that negotiations could continue into the early part of next year and therefore any sort of industrial action is possible if union members decide it’s necessary. That includes full or part-day stoppages or not entering grades.

“We’re still a long way away in terms of what members want and what is being offered,” says Grey. “They want the recognition and they want the pay rises, and they’d be prepared to put their boots on the ground to get that.”

Keep going!
Image: Tina Tiller
Image: Tina Tiller

SocietyNovember 22, 2022

Long Covid is on the rise and employees need to know their rights

Image: Tina Tiller
Image: Tina Tiller

If summer brings its predicted third wave of infections, long Covid cases and other serious health repercussions will rise too. As an employee, it’s important to know your rights around avoiding infection and – if you do get sick and are unable to work – appropriate compensation. 

Back in February, with the looming threat of widespread Omicron infections, I wrote about an employer’s legal duty  to try and keep you safe from the virus. Since then, approximately two million New Zealanders have been infected, with over 2,000 dying. Many workplaces did not adopt the most effective protective measures: N95 (or equivalent) masking and HEPA air cleaners. Thousands of workers may have unnecessarily contracted Covid-19 at work. 

Unsurprisingly, with the government’s decision to remove almost all protective measures from 13 September, there has been a steady increase in cases. We have now returned to levels not seen since mid-August, with around 4,000 cases per day. Modelling suggests this could reach 11,000 cases per day over summer as we go through a third wave. The deputy director general of health is now recommending people wear masks in closed, crowded and close-contact places, a measure which should never have been removed in the first place.

‘He mea tautoko nā ngā mema atawhai. Supported by our generous members.’
Liam Rātana
— Ātea editor

It’s clear that Covid-19 isn’t going anywhere. Thousands more workers will likely contract Covid-19 in their workplaces. The worksites where spread is most likely, such as cafes and bars, are also the places where many workers fit the demographics of those most susceptible to hospitalisation and death: Māori, Pacific Peoples and the poor

Two looming problems

In the coming years there are two major factors which will have a huge impact on workers. The first is the debilitating effects of long Covid. Around 84% of people still suffer from fatigue more than two months after infection and 42% of people suffer breathing difficulties. The most common symptoms still affecting people after two years of infection are fatigue, chest tightness, anxiety, dyspnea (shortness of breath) and myalgia (muscle pain). Around 66% of long Covid sufferers have had their work schedules affected and the US is predicting a cost of between $149bn and $362bn in medical expenses and lost income. 

The second issue is the impact of multiple infections. Studies show that reinfection brings significant additional risk of organ damage and disorders affecting the lungs, heart, brain, blood, musculoskeletal and gastrointestinal systems. Reinfection also contributes to diabetes, kidney disease, mental health issues and neurological symptoms similar to Parkinsons disease. Despite this being a concern amongst experts for many months, the government’s “Unite against Covid-19” website only reported on the risk on 28 October, more than a month after the government’s protective measures were dropped.

Twenty percent of current cases are reinfections. That’s two or more cases of Covid-19 in less than a year. For comparison, people get the flu on average about twice every ten years

We are potentially heading for a mass disability event that could see thousands of people unable to work. For those already affected by having to take more time off work, or unable to work at all, what remedies are available?

What should your workplace be doing?

Employers have an obligation to eliminate or minimise risks to health and safety so far as is reasonably practicable. Some of the measures an employer should be taking to prevent the spread of Covid-19 are discussed in detail here.

Complaints can be made directly to Worksafe, or through a health and safety representative. If you don’t have a health and safety rep in your workplace, you can elect one and the employer has to cover the costs of attending a training course.

Did this accessory go out of vogue too soon? (Photo: Supplied)

If an employer is not complying with its obligation to minimise the risks of Covid-19 in the workplace, the quickest way to get compliance may be through a health and safety rep. There are two important steps a health and safety rep can take. First, if the rep has attended a course where they gain NZQA unit standard 29315, they can issue a Provisional Improvement Notice (PIN). Upon receipt of the notice, the employer must remedy the problem or ask Worksafe to review the notice. Second, if a rep does not have the NZQA qualification, they can make a recommendation to the employer. Upon receiving a recommendation, the employer must adopt the recommendation or set out in writing the reasons why it is not adopting the recommendation. If these steps fail to remedy the situation, complaints can be made directly to Worksafe, who can undertake their own investigation. This can be an effective way to get an employer to start complying with its obligations to provide a safe workplace but doesn’t really address the situation where you have already been infected with Covid 19 in the workplace.

When can you raise a personal grievance?

Where an employer fails to take adequate measures to minimise the risks of Covid-19 in the workplace, they are not fulfilling their obligations to provide a safe workplace. This can lead to the employee suffering a disadvantage if they contract Covid-19. Where an employee has been subjected to an unjustified disadvantage, they can raise a personal grievance claim against their employer. Some of the remedies that can be sought are lost wages and compensation for humiliation, loss of dignity, and injury to the feelings of the employee.

There are a few hurdles to overcome in establishing a valid personal grievance claim.

Some workplaces, such as crowded bars, present greater risks than others. (Photo: Getty Images)

First is establishing that there is a disadvantage. To do this, you need to show you caught Covid-19 in the workplace. With the amount of Covid-19 cases occurring in the community, this can be difficult to prove. Employment claims work on a “balance of probabilities” test. This means that it must be more likely than not that transmission occurred in the workplace. For example, if two people in your workplace tested positive and then a day or two later you tested positive, and nobody in your immediate circles outside of work had Covid-19, then it may be more likely than not you contracted Covid-19 in the workplace. Conversely, if someone you live with had Covid-19 and you were the first person in your workplace to test positive, then it may be more likely than not you didn’t contract Covid-19 in the workplace. 

Once a disadvantage is established, the next step is showing the disadvantage was unjustified. To do this you would need to show that the employer had not taken reasonably practicable steps to minimise the risk of Covid 19 in the workplace, this being a health and safety requirement for every workplace. Regardless of what government measures are in place, this requirement for a safe workplace remains. So, for example, the government announcement in September to drop legal masking requirements in most workplaces, is separate to whether or not an employer should be requiring adequate masking in its own workplace. 

Reasonably practicable steps are based on evidence. For example, if your workplace provided free N95 (or equivalent) masks, maintained social distancing, had good ventilation including the use of HEPA air cleaners and ensured sick workers were not required to come to work, then the employer likely took reasonably practicable steps to manage the risks of Covid-19. Conversely, if you worked in a crowded workplace, weren’t provided adequate masks and there was poor ventilation, then the employer may not have taken reasonably practicable steps to manage the risks of infection. 

For a disadvantage to be justifiable, the employer’s actions must be what a fair and reasonable employer could have done in all the circumstances. If it can be shown that an employer hasn’t taken reasonably practicable steps to minimise the risk of Covid-19, then it is very likely the employer’s actions would not be what a fair and reasonable employer could have done in the circumstances, particularly with the significant amount of information from government and in the media regarding measures that could be taken to prevent the spread of Covid-19.

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The last step is ensuring the personal grievance is raised within 90 days of the date which the action alleged to amount to a personal grievance occurred or came to the notice of the employee, whichever is the later. Here the action would be the employer not taking reasonably practicable steps to minimise the risk of Covid-19 and you becoming infected. If this is the first time that you are learning about the employer’s responsibility to minimise the risk of Covid-19 in the workplace and that the spread of Covid-19 in the workplace could be an unjustified disadvantage, then it is possible your 90 days starts from today, even if you caught Covid-19 more than 90 days ago.

If you are considering raising a personal grievance on these grounds it would be advisable to contact your union or an employment lawyer to discuss this further. While a personal grievance can deal with wages you have lost, it can’t compensate you on an on-going basis if you are no longer able to work.

When can you claim ACC?

For those who are left in a position where they are unable to work, there is some possibility of raising a claim through ACC. In many cases, work-related diseases and infections are covered by ACC and on-going financial support is available. The difficulty is showing that Covid-19, contracted in the workplace, falls into this category. To be covered by ACC, the employee would need to be able to show:

  • They perform an employment task that has a particular property or characteristic or are employed in an environment that has a particular property or characteristic; and that property or characteristic contributes to the cause of the Covid-19 infection.
  • The Covid-19 infection is more likely to have been caused by the employment task or environment rather than their non-employment activities or environment.
  • If the employee can show the first two, ACC can still decline the claim if the risk of Covid-19 infection is not significantly greater for employees who perform the particular task or work in the environment, than for those who do not.

This gives ACC a lot of room for an out, particularly with Covid-19 so widespread within the community. However, the evidence is overwhelming that masking and ventilation are effective at preventing the spread of Covid-19 and that the longer a person spends in an environment where there is a high risk of spread, the greater the chance they will be infected. Therefore, a person who wears a mask while visiting closed, crowded and close-contact places and only spends a short time in such places, would have a reasonable argument that the risk of infection is significantly greater if they work, for example, eight-hour shifts in a crowded cafe where people are unmasked.

If an employee makes a claim, ACC must investigate the claim as soon as practicable and at its own expense. So if the claim is denied, at least there is no cost to the employee.

If the claim is denied, the final option for the employee is a supported living payment through WINZ. These payments are less than minimum wage, so if the government doesn’t step in with measures to support people suffering long-term illness and disability from Covid-19, we may be condemning thousands more people to poverty, on top of the potentially unnecessary suffering from contracting Covid-19 when it may have been avoided.

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