WHITIREIA Community Polytechnic tutors may be breaking the law if they choose not to return students’ marks, says polytech deputy chief executive Arthur Graves.But the Tertiary Education Union (TEU) says they are well within their rights to hold back results, as it is a legitimate industrial action.
The polytech’s academic staff are among those from three tertiary institutions who plan to withhold grades as they continue to protest over work hours, pay and discretionary leave.
Mr Graves says while no students have been affected so far, he is disappointed the staff members have considered taking this approach, as the potential impact on them would be huge.
“We do not like the idea of marks being targeted, particularly as they are an important part of any student’s learning and achievement process,” he says.
“Such an action could be illegal if it is implemented” because results are the property of Whitireia and the students, not the staff.
However, Mr Graves says the polytech is not considering taking legal action at this stage.
“At the moment we are wanting to continue the process of trying to resolve this issue rather than escalate it.”
Tutors at Auckland’s Unitec and Waikato Institute of Technology may also hold back results.
Their decision comes after strikes were held in September and October at six North Island polytechnics – NorthTec, Bay of Plenty Polytechnic and Taranaki’s Western Institute of Technology are the others involved – by around 950 TEU members who are unhappy with the conditions of their new multi-employer collective contract.
Under the agreement, employers plan to increase teaching days from 185 a year to 204 and choose when staff can use their discretionary leave.
Employers are also offering a 2% pay increase, but the union is pushing for a 4% rise.
Whitireia TEU collective spokesperson Kaye Laracy says the withholding of results is a legitimate industrial action.
It stems from a frustration to make any traction during the eight-month contract dispute.
“We are at a point now where we have no other option,” she says. “We are trying to signal how seriously we take the claims being made and how opposed we are to them.
“But it is not something that is done lightly. We realise, and apologise for, the impact that it will have on students.”
She was unable to confirm how long it will last: “It is dependent on the collective.”
Whitireia Student Association president Loretta Ryder labelled the tutors’ decision as “ridiculous and unfair”.
“They can’t be using students to get their way with their pay increases,” she says. “At the end of the day if there is no students, there is no them.”
