President of the Industrial Court, Heather Seale, is pushing for measures to be implemented at state agencies to protect workers during transitions after general elections. This recommendation comes after the dismissal of a trade dispute between the Oilfield Workers’ Trade Union (OWTU) and the National Training Agency (NTA) regarding the filling of a vacant position at the agency in 2016.
In her decision on July 26, Seale expressed concern over the common practice of freezing contract employment and restructuring plans until a new board is appointed post-election, describing it as disruptive and leaving workers uncertain about their future. The president of the Industrial Court emphasized the need for stakeholders to prepare for such situations, especially when they result in job losses.
Seale criticized the practice of putting workers on month-to-month contracts, calling it common in the public sector but frowned upon by the court. While she acknowledged the necessity of assessing organizations post-election, she stressed that it often left employees in a state of limbo.
The dispute between OWTU and NTA centered around the role of senior co-ordinator, held by Renee Bobb-Semple. After a series of changes within the NTA following the 2015 general election, Bobb-Semple’s position was not made permanent. Consequently, she was offered a month-to-month contract and later a permanent position at a lower salary, which led to her resignation.
During the proceedings, the OWTU argued that Bobb-Semple was unfairly treated when her position was deemed redundant while others were made permanent. Despite the union’s claims of unjust conduct, the NTA defended its actions by citing plans to introduce a new position that were interrupted by the change in administration.
In her ruling, Seale noted that the post of senior co-ordinator was never established as permanent and concluded that the OWTU failed to prove discrimination against Bobb-Semple. The court determined that there was no basis to support the union’s case, as the NTA did not act in a manner contrary to good industrial relations practices.
Overall, the case highlighted the challenges faced by workers in state agencies during transitions after general elections and the importance of implementing protocols to safeguard their employment status.
