KEY POINTS:
Unions have taken their first shot at National's 90-day employment trial period, as kindergarten teachers look to secure their jobs.
Education sector union NZEI aims to have the trial period omitted from the kindergarten teachers' collective agreement, which is with the Ministry of Education.
It is the first employment claim to respond to the Employment Relations Amendment Act, which gives employers power to dismiss staff without reason in their first 90 days.
The union will be seeking the agreement of the Ministry and kindergarten associations that a 90-day trial period is "neither necessary nor desirable".
Its national secretary Paul Goulter said the ministry "needed to realise that the law change does not just deprive workers of personal grievance rights, but has a significant effect on the labour market".
He said last night: "We are urging the [Ministry of Education] to see past the politics and look at the issues of teacher supply in hard-to-staff areas, for both kindergarten and primary schools."
Rural associations were most likely to be affected by the law change, as the legislation only affected workplaces with less than 20 employees.
Maungatapu Kindergarten head teacher Marion Dekker said the legislation was "irrelevant" to kindergarten associations.
She said they were trying to encourage career structure within early childhood schools, and that the law was hindrance to this initiative.
"We are trying to create structure, which means people have to move - people will not be encouraged if they can be fired in the first 90 days."
"From a teacher's perspective, stability and continuity equates to quality of education, and this law undermines that."
The collective agreement was given to the Ministry of Education in late December, but a late clause was added after National passed the Amendment Act.
Labour Minister Kate Wilkinson said the legislation provided a "win-win situation".
"Employers will have the confidence to take people on and expand their workforce."