Health Minister Simeon Brown.
Photo: RNZ / Reece Baker
LISTEN LIVE: Sarah Dalton, Executive Director of Association of Salaried Medical Specialists
Senior doctors are accusing the Health Minister of “illegal interference” in their bargaining process with Health NZ and have rejected his request for binding arbitration.
Simeon Brown had given the Association of Salaried Medical Specialists until 4pm on Friday to respond to his request to allow a third party to settle the dispute, saying he had “little confidence” the parties could resolve their differences alone.
Union head Sarah Dalton said the minister’s actions showed he did not understand employment law.
“As well as being misinformed, the Minister’s proposal is disingenuous. The fundamental barrier to a settlement between Health New Zealand and the senior doctors is the failure of his government to allocate adequate funds for the safe staffing of our public health system,” she said in a statement.
“If Health New Zealand had appropriate funding and staffing levels this dispute would not be happening.
“The Minister’s actions are highly unusual and a direct intervention in bargaining, which is unlawful.”
Bargaining had not “broken down”, she said.
“Just last week ASMS met with Health New Zealand and the Public Service Commission to discuss next steps. The day before the Minister’s letter arrived [Health NZ chief executive] Dale Bramley spoke with ASMS to discuss further steps for bargaining.”
The union was calling on Prime Minister Christopher Luxon to give assurances the health minister would stop breaching employment law by undermining the collective bargaining process, she said.
“Every day theatres and clinics are cancelled due to staffing gaps.
“At the same time Health NZ has paid out more than $200M in the past 12 months on temporary staff (locums) and additional duties payments for existing staff to cover the work of missing colleagues.
“It makes no sense to pay ever increasing locum rates while clamping down on improved terms and conditions that will attract and retain desperately needed specialist doctors and dentists – especially in smaller and rural hospitals.”
ASMS lodged a revised claim with Health New Zealand during facilitated bargaining with a view to reaching a compromise.
“We are happy to get back around the table with HNZ,” Dalton said.
“They tell us they have a shared commitment to see improved staffing levels around the country. We need to see evidence of that.”
ASMS represents 5500 senior hospital doctors and dentists.
Cancellations questioned
The union also accused Brown of spreading “misinformation about disruptions to patient care”.
“In his letter the Minister claims more than 4000 surgeries, appointments and treatments were cancelled due to the May 1 strike,” Dalton said.
“An Official Information Act Request revealed this figure to be a quarter of that at 1037.”
The union’s further request about appointments was months overdue because Health NZ had been unable to locate the data.
“If that is the case, where is the Minister getting his advice about cancellations from?
“It screams of recent cover up attempts we saw by HNZ to withhold data from the New Zealand Nurses Organisation about safe-staffing.”
Arbitration refusal ‘disappointing’, minister says
In a letter to the union’s leader Sarah Dalton, released to RNZ by the Minister’s office, Brown said its decision was “disappointing”.
“I appreciate that arbitration is not without risk for Health New Zealand and ASMS, and this was something that I weighed carefully when asking that you both attend,” he wrote.
“Ultimately, I think that giving your members, New Zealanders, and the broader health system certainty and stability outweighs the risks for you both.”
Senior doctors played a critical role in the health system and they should be able to “get back to what it is they do best – serving their patients and working for better health outcomes for all New Zealanders”.
“I still believe that binding arbitration is the circuit breaker that is needed.
“However, I appreciate that ASMS has decided not to proceed with it. Given this, I am asking that you come back to the bargaining table with Health New Zealand and that you work together to find a way through this current impasse that does not involve strikes and impact on patients.”
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