Category: Etu

Source: Etu Union

E tū represents working journalists in Aotearoa New Zealand wanting a meaningful say over how generative artificial intelligence (AI) is used in the industry.  

AI can’t tell a fact from a lie. It can even create its own lie and amplify it. We accept AI is here, but media outlets must cooperate with their workers in how it is used and developed.    

• Priority should always be given to real journalists and human sources in telling our stories.   
• AI cannot replace the brain and integrity of a reporter, storyteller, producer, technician, or broadcaster doing what they’re great at. Media companies must respect the rights of content creators and their sources.  
• Journalists should be at the forefront of understanding the opportunities and limitations of using AI in a way that supports newsrooms and public trust in the media.  
• Māori journalists should be fully engaged in any development and use of AI to ensure Te Tiriti principles, te reo Maori and Māori representation in Aotearoa’s newsrooms are advanced.  
• The languages from which AI learns include little Māori or indigenous content. AI tools typically generate content using a hegemonic lens which is unrepresentative of our diverse society.  
• AI is good for some things but potentially disastrous for others. Commercial considerations for the development and deployment of AI must be balanced by the fundamental importance of truth and integrity in storytelling.  

E tū media members are seeking to develop sector-wide guidelines for the deployment of AI in New Zealand journalism.  

We will be asking key stakeholders to join a working group for this purpose and we believe the Government has a role to play in protecting journalism for the public good.  

This work is urgent in the face of AI being rolled out in ways that are already changing our stories.  

This is part of a worldwide push by journalists to have meaningful engagement over AI through the work of the International Journalists Federation, as illustrated by the Paris Charter developed by Reporters Without Borders, and initiatives of the Australian Media, Entertainment and Arts Alliance.  

Source: Etu Union

Uber drivers are celebrating today as the Court of Appeal dismisses Uber’s appeal of the historic 2022 Employment Court verdict that found four drivers were misclassified as contractors by the international ridesharing company and were entitled to full employment protections in law like the right to sick leave and holiday pay, and the right to join a union.

In light of the decision, FIRST Union and E tū representatives are demanding that Workplace Relations and Safety Minister, Brooke van Velden, immediately drop her expedited plans to reform New Zealand’s contracting law and prevent workers from being able to challenge their misclassification as contractors in future through the Employment Court.

Of particular importance in today’s ruling, the Court of Appeal has applied what it considers to be a more accurate analysis of section 6 of the Employment Relations Act, and reached the same conclusion as the Employment Court in the original verdict. The Court of Appeal used the term “window dressing” to describe the terms provided to drivers by Uber in relation to their employment conditions.

For Nureddin Abdurahman, one of the four drivers who took the original court case, the decision is about hope.

“This is a win for all working people,” said Mr Abdurahman.

“The day of corporates like Uber exploiting NZ workers is coming to an end!

“I’m grateful to the legal system for identifying an injustice to the working class and examining it properly. I’m extremely happy – this will make a huge difference at a time where Uber drivers are still being mistreated by the company.

“Some drivers have no other options – this decision is all about hope and will help them in moving forward with the appropriate rights of permanent employees.

Mea’ole Keil, another of the original Uber drivers who took the case, said he was proud that drivers took a stand against exploitation.

“I’m ecstatic, over the moon, and very emotional. It’s a relief. It’s been a long journey, a long fight, and we want to thank the unions’ legal teams for keeping the faith in us,” said Mr Keil.

“I think that personally for drivers, it’s an affirmation that we were right – we were not contractors but employees. We hope our win here will help others who are in unfair working relationships with employers to stand up for themselves.

“For too long employers like Uber have exploited gaps in legislation to hide the true employment relationship and take advantage of workers unfairly – we had to take a stand and pray that the legal system would back us – it has.”

FIRST Union General Secretary, Dennis Maga, says the Court of Appeal’s verdict is heartening and motivating for the drivers and unions against a backdrop of anti-worker reforms under the National Government, and it is key for politicians to read and understand the significance of this court case and the dismissed appeal.

“This will change the landscape of employment in Aotearoa for the decades ahead of us,” said Mr Maga. “This decision will ensure more workers are in secure jobs and not prone to precarious and exploitative misclassification by companies like Uber.

“The majority of Uber drivers still do not earn minimum wage. This appeal and ruling now cements the fact that drivers have been misclassified as contractors and denied basic employment rights by Uber.

“We’ve already supported more than 1000 Uber drivers to file and seek wage and holiday pay arrears in the Employment Relations Authority, and FIRST Union has initiated collective bargaining with Uber already – this work can now progress after being effectively on hold for this ruling.”

Mr Maga said FIRST Union would now continue to progress backpay claims, encourage Uber drivers to join the union, and seek a Collective Agreement for Uber drivers in New Zealand.

Rachel Mackintosh, E tū National Secretary, said the decision shows clearly that Uber workers are indeed employees and are entitled to the rights and protections that cover all employees in Aotearoa New Zealand.

“The Uber model of employment is new, but the importance of workers’ rights is not. We have legislation to stop exploitative employers taking advantage of precarious workers, and the courts have not accepted Uber’s argument that they are somehow above the law,” said Ms Mackintosh.

“Today’s decision is a real cause for celebration, not just for the affected Uber workers but for the whole Aotearoa workforce, as it confirms what E tū and FIRST Union have long argued – fundamental workers’ rights are protected by law.

“This decision should be a warning to the Government as they consider tampering with employment laws to give vulnerable workers fewer protections. As new ways of working emerge, it’s crucial that our employment laws are there to protect working people, and not allow them to be exploited.”

Today’s ruling echoes other international courts in determining that Uber drivers are employees, not contractors or self-employed people, for example in the UK (2021) and the Netherlands (2019). These courts found that Uber effectively controls drivers’ hours and wages, and that drivers are an integral part of Uber’s business. As employees, Uber drivers are entitled to minimum wage, holiday pay, and other key workers’ rights.

TIMELINE OF EVENTS – UBER CASE

1. July 2021: Uber drivers file legal action

FIRST Union and E tū file legal action on behalf of four Uber drivers, arguing that drivers have been misclassified as contractors. The drivers argue that Uber exerts significant control over their work, including setting fares and managing driver performance, which supports their claim for employee status.

2. June 2022: Employment Court hears the case

The Employment Court hears arguments from both sides. Uber argues that drivers are independent contractors who choose their working hours and terms. The unions argue that Uber’s operational practices and control over the drivers’ work structure meet the criteria for employment.

3. October 2022: Employment Court verdict

The Employment Court rules that the four Uber drivers should be classified as employees, citing Uber’s control over the work environment and terms of employment. FIRST Union and E tū celebrate the ruling as having significant relevance to the broader misclassification of workers as contractors in Aotearoa.

4. June 2023: Uber files appeal

Uber files an appeal against the Employment Court’s decision, arguing that the classification of drivers as employees would negatively impact the company’s business model and flexibility. FIRST Union and E tū criticize Uber’s appeal, arguing that it seeks to undermine the progress made for workers’ rights and protections.

5. November 2023: National-led Coalition Government takes office

The new National-led coalition government begins its term, with potential implications for labour laws and gig economy regulations. The National Party and ACT coalition agreement contains a pledge to stop workers from being able to challenge their employment status in the Employment Court in future.

6. March 2024: Court of Appeal hears Uber’s appeal

The Court of Appeal hears Uber’s arguments that drivers should remain classified as contractors. Uber argues that drivers have significant control over their work and hours. The counsel for the drivers argues that Uber’s control over various aspects of the drivers’ work environment justifies employee status.

7. May 2024: Brooke van Velden meets with Uber

Brooke van Velden, Workplace Relations Minister meets with Uber on May Day while unions hold marches to protest the Government’s anti-worker policies. Unions raise concerns about political influence on the legal process and allege that the Government’s close relationship with Uber could undermine the legal process.

8. June 2024: Government expedites contractor law change plan

Brooke Van Velden instructs her officials to begin work on law changes that could prevent workers misclassified as contractors from challenging their employment status in the courts. FIRST Union confirms that the union has not been invited to submit on the proposed law changes under the expedited timeline.

9. (today) 26 August 2024: Court of Appeal ruling on Uber’s appeal

The Court of Appeal rules to dismiss Uber’s appeal of the Employment Court’s 2022 verdict.

Source: Etu Union

E tū members at First Security who work as prison escort and court custodial officers began industrial action yesterday, after the company’s refusal to improve an inadequate offer.

Prison escorts and court custodial officers (PECCs) are responsible for transporting and supervising prisoners between prisons, courts, hospitals, and other locations. They also provide security and custodial services at courts, ensuring the safety of judges, staff, witnesses, and the public.

First Security is offering a pay rise to $30 for the base rate, which is still lower than what other agencies pay, and are refusing the members’ reasonable claims for improvements to sick leave, annual leave, and overtime payments.

The first step of their industrial action is an overtime ban, meaning workers will only do their minimum required hours and not accept further work. As workers do more than 10 hours a day on average, this is expected to have a significant impact on their operations.

Three E tū delegates have said why they’re taking action.

“Our staff are undervalued. All we want is decent conditions and pay, and to be treated fairly,” says Tai Henry.

“We know our job conditions are worse than at other agencies where people are doing similar work to us. But we get worse pay and longer hours. It’s not right. It’s not fair.”

Delegate Tarras Andrews shares the sentiment.

“We’re frustrated. All we’re asking is to have parity with other workers in this industry and come close to the same level,” Tarras says.

Delegate Piilua Sio says the company isn’t giving the workers the respect they deserve.

“First Security is slapping us in the face and not taking us seriously,” Piilua says.

E tū Director Georgie Dansey says First Security needs to step up and value their workers properly.

“The workers at First Security working in prison escort and court custodial services do a very important and skilled job. They work long hours and deserve adequate pay and conditions for the work they do.

“Our members at First Security are frustrated that workers employed elsewhere, doing the same job, have better pay and conditions than they do. We are asking for a decent pay offer, as well as adequate overtime rates that reflect conditions that other workers in the industry have.

“Our members are disappointed at the recent offer which undervalues their work and the value they bring to First Security. Although reluctant to take industrial action, it is a necessary step to ensure that workers in the industry are supported by their employer to do their job.”

Source: Etu Union

Workers at TVNZ have today been notified about an upcoming change process at TVNZ which union members are worried could lead to further job losses as the state-owned broadcaster.

Management have initiated this process with the claim they need to increase their annual earnings by $30m, by either increasing revenue or reducing costs.

Earlier this year, TVNZ cancelled significant news and current affairs offerings as a cost-saving measure. E tū Negotiation Specialist Michael wood says today’s development demonstrates a worrying trend at TVNZ.

“E tū members at TVNZ and across media have been campaigning hard to ‘Save our Stories’ so that New Zealanders continue to have access to media that informs and holds power to account,” Michael says.

“As such we are concerned that TVNZ is looking into further significant changes that could lead to even larger cuts than we have already seen.

“The good news is that because union members at TVNZ have successfully campaigned on this issue, and defended their rights in the Employment Court, that there is now a proper process in place to have union members at the table and involved in discussion about possible change at a much earlier stage.

“We will be taking this process seriously. An ongoing move towards a digital future at TVNZ is a reality, however we will fight hard to ensure that as this change happens, that TVNZ fulfils its obligations to New Zealanders by ensuring that it produces high quality content, produced by skilled and experienced media workers. TVNZ, and the Government as the sole shareholder, cannot and must not use this process to walk away from news and current affairs, and telling the stories that matter to New Zealand.”

Michael says that further cuts at TVNZ demonstrate the need for rapid Government intervention to save our media landscape.

“Decent journalism is an absolute necessity in a well-functioning democracy. That’s why TVNZ needs to be supported as a public broadcaster.

“It makes no sense to allow such a crucial tool for information and accountability to gradually wither away as the traditional commercial model for media becomes less financially sustainable in the digital age.

“TVNZ, and the wider media landscape, must be supported by the Government to thrive – and we should all be gravely concerned about a future where purely commercial interests dictate the way we conduct our public discourse.”

Source: Etu Union

This afternoon about 150 people joined a picket line outside Ardiva’s Village at the Park, a residential aged care facility in Newtown, Wellington.

The lively crowd included residents from Village at the Park, their families, workers, and neighbours from the wider Newtown community. The event was hosted by E tū and NZNO.

With Arvida proposing to cut over 400 hours a week from care workers, nurses, and activity coordinators, the picketers had deep concerns about the impact on affected workers and the care they can provide.

E tū delegate and care worker Rita Narendra, who spoke at the rally, worries about the impact of the proposed cuts on residents.

“With fewer staff, we won’t be able to care for all of them because there won’t be enough time,” Rita says.

“I don’t want any resident to stay in bed until the end of the shift. I don’t want to see residents not getting up to enjoy their life as they always do. I don’t want to see any resident ringing the bell with no one attending to them. It’s very sad.

“Cutting staff means we won’t be able to spend time with them, to listen and ask questions. It’s not just about care, it’s about listening to them and spending time with them, so they feel like this is still home. We don’t want to take anything away from them.

“I want Arvida to know they’ve been providing a beautiful service for years. Why change now? Their name is held in high regard. People talk positively about this place, so why go back? Why not continue providing quality life for these residents who appreciate it so much? That’s my biggest question.”

NZNO care workers Charith Weerasuriya Arachchige and Nama Wiejesinghe share the sentiment.

“We feel huge frustration. How am I to give my all? We are not working with machines, they are humans,” Charith says.

“It’s hard because we are dealing with emotional stress, not just physical, and we need to have good mental health,” Nama says.

Village at the Park resident Lew Skinner spoke on behalf of independent living residents at the facility. He knows that the proposed cuts don’t make sense.

“No one sees staff sitting around doing nothing – we see no fat in the system,” Lew says.

“These proposals affect all of us. Independent residents are part of the Village at the Park ‘Living Well’ community, many are one short step away from moving into the care units.

“Residents and their relatives are dismayed they had not been clearly told by Arvida what is happening – the two letters they’ve received had given no real information and had just confused people.

“We recognise there are financial challenges. We do not believe the solution to this problem lies in cutting the numbers of staff, who are the lowest paid and most vital to resident well-being.”

ENDS

If you are a worker or resident at Village at the Park, or would just like to help us stop the cuts, email joanna.wallace@etu.nz to get involved!

Source: Etu Union

A proposal by Downer Group New Zealand to reduce their power workforce by 12% should set off alarm bells for people concerned about our infrastructure.

The company, which is a major contractor responsible for implementing and maintaining energy infrastructure, is holding meetings with their workforce across the country this week to present their new proposal, which they say is in response to shareholder and investor pressure in the face of uncertain foreseeable work.

A Downer worker, who wishes to remain anonymous for fear of retribution from the company, says the decision is short-sighted and presents real risk to our infrastructure networks.

“We struggle to fill our stand-by rosters now as it is, which has huge implications for the standard of service we can provide,” they say.

“A smaller workforce means people waiting longer when their power goes off. It means taking longer to get to a power pole after a car accident – people could die before we get there to turn off the power.

“If there’s a serious storm, it’s all hands on deck. A smaller workforce at Downer means they’ll have to get in other contractors in that situation, who might charge double for the work. It doesn’t make sense.”

The worker says he’s worried about what these redundancies will mean for workers and their families.

“There are generations of people working in these jobs. Some depos might have an older worker, their kid, and their grandkid at the same place. Job losses on this scale will really hurt families.

“There’s usually work going somewhere, but you might have to up sticks and move somewhere you don’t know anyone. You might get worse pay and conditions. Some guys might bugger off to Australia.”

E tū Negotiation Specialist Joe Gallagher says the proposal shows the model for providing and maintaining this essential infrastructure is broken.

“More and more, we’re seeing the dangerous effects of the competitive contracting model in the delivery of services,” Joe says.

“This is a well-established workforce with a long history of looking after New Zealand’s electricity networks. Having a series of smaller contractors undercutting Downer to win the contracts results in a scattered, less cohesive approach to the delivery and maintenance of the infrastructure.

“The asset owners need to understand what it really takes to keep the lights on, and we’re worried that they are letting some immediate cost-cutting present a real risk not just to the livelihoods of the Downer workforce, but to the very core of New Zealand’s infrastructure.”