So what do you need to know about this situation?

As an overall rule, we support the right of employees to take industrial action (strike) in support of their negotiations. Both the decision to take strike action, as well as what are acceptable terms and conditions are important ones that come with great responsibility. As those of our membership who have had to face these decisions know, it is not for us to second judge the nurses’ decisions: both the decision and the responsibility is theirs. The right of any employees to make these decisions, however, should be supported.

 

So what happens to us when the nurses strike?

First the Code of Good Faith for the Public Health Sector provides for the Union (NZNO) and Te Whatu Ora to provide sufficient cover for “life and limb preserving services” or LPS as they are known. So ahead of the strike NZNO and Te Whatu Ora will have sorted this out. As a result no one should be concerned that the absence of nurses will put patient’s lives at risk.

 

Second, Section 97(3) of the Employment Relations Act 2000 provides that any non-striking worker has to agree to do the work of a striking worker – or put another way, you cannot be required to perform the duties of a striking nurse. It is our advice to you that you do not. If you are approached by a manager in this regard, we suggest you say, “no thank you” and if they persist, ask them to commit their request to writing and refer it to us. We will be writing to the employer formally to inform them of our advice to you, so fear not, they will know – albeit this probably won’t stop a few asking anyway!

 

What if you normally do the work of nurses. If the work you are being asked to perform is your normal work, then yes you have to do it. But you do not have to do more than you would normally do including changing rostered shifts. As some examples:

• Renal physiologists often work side by side with nurses performing the same work in a dialysis It is therefore the renal physiologist’s normal duties to supervise a renal dialysis patient.
• In pharmacy, medications are not normally delivered direct to individual ward patients therefore this would not be “normal work” and could not be required of

 

And before you think… but what else can they do… it is amazing what can be done at times like this. Remember that the hospital will be shut down to minimal work only, and all those nurse managers will have been credentialed to work! Medications can be contracted to a retail pharmacy to blister pack in anticipation of a strike etc.

 

As the contingency planning and LPS agreements become available, what is going to happen will become clearer. So at the very least, for the first week after the strike notice is issued, there is no need for you to agree or otherwise to anything. If there is a need for some of you to work differently, once all this preparation work is done we can have a look at it. Let your manager know to contact us and discuss it.

 

What about approved leave during the strike?

If you have leave approved (in writing) or are on study leave, the employer cannot revoke your leave because of the strike. Any such suggestions refer to us to respond to.