The ordeals of Jen and Sandy: the need for fair redundancy provisions
This is the full version of the article on page 7 of edition two of The Point.
In December 2020, barely 2 weeks before Christmas, IEU members Jen Johnson and Sandy von Allmen were told that their jobs, ones they had held in Catholic Education for 18 years and 8 years respectively, no longer existed.
What followed was a process of redundancy that took many months and many trips to Fair Work to resolve. While their journeys were slightly different, the redundancy process was unpleasant and a challenge for both of our members. Now that the process has been finalised, we sat down with Jen and Sandy to hear their thoughts and reflections on what they went through.
This process started with a ‘review into library services at the school. What were your first thoughts when attending this meeting?
SVA - The meeting seemed quite positive and there was no mention of reducing staff levels. In fact, when I discussed it afterwards with others who had been at the meeting there was a feeling that staffing levels might even increase.
JJ - I felt that the changes that were being mooted were exciting and I was looking forward to being a part of it. I did find it strange that the Library Review Team of five people had no one with any library experience - our future was being decided by people who had no understanding of what we did.
Did you ever have a feeling that your jobs were at risk as part of this process?
SVA - Not at all. We were not consulted for the library review per se, but were interviewed by a ‘Change manager’ from the TCEO. We were made to feel very comfortable and encouraged to express how we were feeling. I was open and honest in explaining my feelings of not being consulted and communicated with over changes that had occurred in the library. I also explained that I felt that I had no input into any discussions that were occurring as part of the library review. A meeting was held on Tuesday 3 November between me and members of the GYC leadership team regarding the Library review. I tried to ask about staffing but my question was ignored - the main focus was on furniture.
JJ - No, I had no inkling of that, in fact there was mention of training if we felt we needed it in different areas. In hindsight I believe that the Review Team already had their outcome in mind and the review was just ‘ticking the boxes’.
When/how were you told that your jobs were going to be made redundant and how did that make you feel?
SVA - I was gobsmacked! I rang Jen and spoke with her and I shared the document with staff that we knew would support us. We contacted the union straight away too. It was really late in the year and we were left to stew on it through the summer holidays. I was working at Sacred Heart College on Friday 11 December but was given time to attend the Christmas lunch at GYC, which was a very uncomfortable event.
JJ – It was the Monday of the final week of term four, we received an email with the Executive Summary of the Library Review attached to it. It said that all current library positions would become redundant and overall staffing was to be reduced, not increased. I was beside myself, in shock and very upset. I also felt that it was a particularly callous way to let us know of their plan. I forwarded my email to Union members on the Glenorchy campus and I’m glad I did because when staff were finally sent the Executive Summary of the Library Review, the part that mentioned the redundancies had been stripped out, so staff were kept in the dark about the planned redundancies. I went to the Staff Christmas lunch but it was a distressing day and rather surreal. The Principal even had a friendly chat at our table and acted as if everything was OK.
Sandy, you chose to be made redundant straight away – explain how that process went. Did the redundancy process proceed smoothly?
SVA – I’d never experienced a redundancy process before. It was an incredibly stressful time and I am extremely grateful for the support of the IEU. I had hoped that, because I had agreed to accept the redundancy, it would be resolved quickly. I never anticipated how long the process would take.
On 15 December 2020 I received an offer along with a “Deed of Release”(or “Separation Agreement”). I forwarded it straight away to the Union who strongly advised me that it was a very unfair document and not to sign it.
The next bit of time was a blur as I was totally in shock and scared about what was going to happen. I have a mortgage and was terrified of how I was going to pay it through January – luckily I had been at the school long enough to be eligible to be paid out what LSL I was due.
The following Tuesday 22 December I went with the IEU to a “conciliation” with the TCEO at the Fair Work Commission. The Commission directed the TCEO to respond to a proposal by the IEU by the 4th January 2021. The TCEO left it until the last minute and then refused to negotiate.
I was totally confused by this outcome and upset as to where it left me. As there was no ‘deal’ on my voluntary redundancy I was going to need to return to a workplace that did not want me. I was incredibly anxious and worried about going back to GYC with nothing resolved and I was experiencing high anxiety having to attend work, especially having to see members of the library review panel who had made my position redundant. I had been seeing my GP and saw a counsellor on 9 February. Both professionals advised me to take sick leave for my health’s sake.
The Fair Work Commission held a hearing on 3 March but we didn’t get the decision until 14 April. By then I had used all of my available sick leave and was struggling to attend the workplace. Thankfully the decision said that TCEO could not use a deed for a compulsory redundancy and was critical of the deed that TCEO had tried to use for a voluntary redundancy. Finally on Friday 30 April, around lunchtime, I heard from the Union that the TCEO were finally responding and that a settlement had been reached so that I could finally receive a confidential redundancy payment without having to sign a deed. They obviously had no clue that I was attending work, as they said they could send a courier to my house to return keys, etc. Someone must have informed the TCEO, as I then received a phone call stating I was to finish up at 4pm that day.
Sandy, what are your feelings now that time has passed since you were made redundant?
SVA - I was still hesitant to say anything to even my immediate family until the redundancy payment was made. It was a huge sense of relief for the whole situation to be finally over, although I was concerned about trying to find work again. The entire situation ate away at my confidence and it took time to build myself back up again. I do not want to see any of the people who were involved in the library review and I don’t know how I will respond if I do see them. The whole process has had a huge impact on me and was incredibly difficult. I know for a fact that I never want to work in the Catholic system again.
Jen, you chose to stay at the school. Why and what was it like returning to the school knowing that your employment was under a cloud?
JJ - My first thought was to take the redundancy but I was scared about my future. I was about to turn 60 and I felt like I’d been tossed onto the scrap heap: Who would employ someone of my age? After a lot of consideration I decided to take up the offer of transitioning into one of the new jobs, so I came back at the beginning of the 2021 school year. I was working without a position description and the new managerial role was vacant. They finally found someone in May 2021 but that person left after four weeks, so the place was chaotic. There were frequent changes in rules and arrangements so it was confusing and frustrating for staff as well as students. I was doing the work of Librarian as well as my role of Library Technician. It was very stressful and my health suffered; my GP was concerned about my high blood pressure.
Jen, you finally decided that you could no longer stay at the school and requested assistance from the union to reactivate the redundancy process – explain what happened from that point.
JJ - The initial offer which was made in late June/early July was fairly low, and also had an error in my years of service, but had the “Deed of Release” attached and I was very reluctant to sign their deed. The union’s advice was that the punitive conditions in the TCEO document could not be attached to the payment of a redundancy. The TCEO would not negotiate over their deed. The TCEO announced that they were making me compulsorily redundant and would only pay the safety net minimum: 12 weeks’ pay (after 18 years’ service). Again, we ended up in the Fair Work Commission.
The Commission conciliation was positive but the TCEO ultimately refused to change a single word of their deed, so we went to arbitration. Even after arbitration (which I found incredibly stressful) we were asked if we would attempt a final conciliation. Both parties agreed but the TCEO still refused to make any change to their deed. We now had to wait for the Commissioner to make his decision. After quite a wait, the Fair Work Commission made the decision that I should receive a redundancy payment which was more than double what the TCEO had offered – and no deed.
How do you think you would have navigated this process without the union?
SVA - I would not have coped without the support of the union - that is 100% certain. I really can’t say what would have happened to me and I am extremely grateful for the advice and support from the IEU reps and lawyers.
JJ - I wouldn’t have been able to, I probably would have signed their deed and spent a lot of time worrying about the implications of it.
What has happened since your redundancies?
SVA - After the initial 10 weeks or so of not much work, I felt very supported by some colleagues. They have assisted me in gaining employment in a different environment in which I have been able to use my skills and knowledge. I still have the uncertainty of working in contract-based work but am hopeful to secure an ongoing position.
JJ - My blood pressure is now at a safe level and my sleep has improved. I’ve felt sad about the whole situation, there was never an official email from the Principal informing staff that I had left, no school farewell, 18 years of service and I am one of the ‘disappeared’. My confidence in applying for positions is very low and I’m hoping it will improve with time.
What is your advice to people working in Catholic Education who don’t think they need the union?
SVA - I always think of being in the union as a form of insurance and incredibly necessary. Would you refuse to pay insurance for your house or car and risk something drastic happening? To me, your livelihood is as important, if not more important than your house. How do you pay your mortgage if suddenly you are deemed redundant? Sadly, there is no loyalty from employers anymore, even if you feel you have always given your all to be loyal to them.
JJ - Think again; think long and hard as the union has your back. Everything you have in terms of working conditions and pay rises is due to the union and its members negotiating for better conditions. I’m very grateful for the support of the Union to get me through this difficult time.
Footnote:
As part of the current enterprise agreement negotiations, the IEU have put in a claim for the inclusion of a redundancy schedule that gives staff in Catholic Education a fair payout in the unfortunate situation of redundancies. While in the past, the IEU has been able to negotiate fair and reasonable payouts, this is no longer the case with the current employer trying to force unfair settlement deeds on staff on the threat that they if they don’t sign they will only get the national safety-net minimum.
Delays in Enterprise Agreement negotiations mean that currently, staff made redundant in Catholic Education in Tasmania will be silenced by the employer via a deed, offered a tiny payment or be forced to go to Fair Work to fight for a fair outcome. The IEU will support any member throughout this process, just like we have done with Sandy and Jen and will also fight for a decent competitive redundancy schedule so that our members do not have to go through the same painful process.
This current situation with redundancies makes the need for regular meaningful negotiations of the new enterprise agreement very pressing and the IEU is continuing to call on the Employer to meet with the union and bargain in good faith.