Category: Employment Issues

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Charges over schoolboy’s caving death

Source: Worksafe New Zealand

WorkSafe has charged the Whangārei Boys High School Board of Trustees for health and safety failures related to the death of a student a year ago.

15-year-old Karnin Petera died on a school trip to Abbey Caves on 9 May 2023.

“We acknowledge the profound impact of this tragedy on whānau, friends, and the wider community. A year on, our sympathy and thoughts are with all of those who knew and loved Karnin,” says WorkSafe’s Head of Inspectorate, Rob Pope.

An extensive WorkSafe investigation has now pieced together the circumstances of this sad tragedy, and charges have been filed in the Whangārei District Court.

“We encourage school boards of trustees across the country to reflect on their own systems and processes to ensure they are meeting legal requirements for education outside the classroom. Students should be able to participate safely, and parents must have confidence their rangatahi will be kept safe,” says Rob Pope.

WorkSafe has no further comment while the case is before the Court.

Background

  • Whangārei Boys High School Board of Trustees has been charged under sections 36(2), 36(1)(a), 48(1) and 2(c) of the Health and Safety at Work Act 2015
    • Being a PCBU, having a duty to ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking, namely the outdoor education caving activity to Abbey Caves Reserve, did fail to comply with that duty, and that failure exposed other persons, including Karnin Petera, to a risk of death or serious injury.
    • Being a PCBU, having a duty to ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU, while the workers were at work in the business or undertaking, namely undertaking an outdoor education caving activity to Abbey Caves Reserve, did fail to comply with that duty, and that failure exposed workers to a risk of death or serious injury.
  • Please note these charges are filed against the legal entity of the Board of Trustees, not individual members of the Board.

Media contact details

For more information you can contact our Media Team using our media request form. Alternatively, you can:

Phone: 021 823 007 or

Email: media@worksafe.govt.nz

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PM must commit to pay equity settlement for care and support workers – E tū

Source: Etu Union

The unions representing care and support workers are calling on Prime Minister Christopher Luxon to pledge his commitment to deliver pay equity for the lowest paid workers on the frontline of healthcare in aged care, home support, disability support, mental health support. The call comes after today’s announcement of a proposal to disestablish the Pay Equity Taskforce within Te Kawa Mataaho, Public Service Commission.

The three unions – PSA, E tū and NZNO – say while Aotearoa has persistent gender pay gaps, where women are paid less than they’re worth, it is unthinkable to disband the expert group of people tasked with supporting pay equity.

The pay equity claim for care and support workers is well underway. Their claim simply aims to update the landmark settlement delivered by the National Party in 2017. Thousands of families have waited for almost two years for a desperately needed, and deeply deserved, pay increase.

Tossing out frameworks that guide how we address pay inequity leaves a massive gap in mechanisms for solving this problem. This change will particularly affect community and iwi-based organisations.

We are seriously concerned about a change in funding direction for pay equity claims in funded services.

Everyone deserves fair pay for their work. Pay equity claims for funded public and community services must be fully funded by the Government. If they are not, our communities will continue to suffer from understaffed and overstretched services when we need them. Our whānau deserve better.

Care and support is extremely important work – making sure people take their medications, helping them take showers, changing colostomy bags. Give health support to our older ones at home or in aged residential care homes. They support people through mental ill-health or addiction, and support disabled people to live independently.

Mental health support worker and PSA delegate, Christie Cox, says the decision is disappointing.  

“This is going to make it harder for women to get paid what we’re worth. Our services are already at breaking point,” Christie says.

“We deserve fair pay, which is why we’re calling on the Prime Minister to make the pledge.”

Aged care worker and E tū delegate, Marianne Bishop, says claims will be harder and slower to process without the Pay Equity Taskforce.

“We’ve already struggled for almost two years for our claim to be settled. It’s really frustrating,” Marianne says.

“Women deserve better. That is why we are calling on the Prime Minister for clarity urgently for care and support workers.”

ENDS

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NZCTU calls on Govt to reverse disestablishment of Pay Equity Taskforce

Source: Council of Trade Unions – CTU

NZCTU Te Kauae Kaimahi Secretary Melissa Ansell-Bridges is calling on the Government to reverse their decision to disestablish the Pay Equity Taskforce team, as it will result in gender and ethnic pay disparities persisting as pay equity claims go unaddressed.

NZCTU Te Kauae Kaimahi Secretary Melissa Ansell-Bridges is calling on the Government to reverse their decision to disestablish the Pay Equity Taskforce team, as it will result in gender and ethnic pay disparities persisting as pay equity claims go unaddressed.  

“We are deeply concerned by the disestablishment of the Pay Equity Taskforce. It sends a message that the government is washing its hands of responsibility for ensuring that working women aren’t being discriminated against in their pay,” said Ansell-Bridges.

“It is shocking and totally unacceptable that the Government is essentially saying that there is no role for government in resolving pay equity claims and getting rid of discriminatory gender pay gaps. 

“We must ensure that all communities are free from discrimination, paid fairly and have good incomes. That means addressing pay equity claims as a matter of urgency.

“The Taskforce was already understaffed, and claims were already taking too long. This decision will greatly compound the problem and undermine the progress toward pay equity in the public sector.

“This decision is reckless and isclearly part of the Government’s widespread public service cuts, which are undermining essential services in order to pay for tax cuts for landlords and the most wealthy.

“The Taskforce is still needed. There are numerous claims still unresolved, and all resolved claims still need to be reviewed regularly, which means there must be a continued role for government.

“Everyone deserves good work that pays well, and that means we must not tolerate anyone being paid less because they work in industries that have been historically undervalued by virtue of being female dominated.

“This is another attack on working people from this Government, which has shown no regard for workers’ rights. They must reverse these changes and uphold the principle of fair pay for all people,” said Ansell-Bridges.

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Unemployment data shows need for the Government to act now

Source: Council of Trade Unions – CTU

NZCTU Economist Craig Renney said new data released by Statistics New Zealand shows the need for Government to act now, with unemployment rising from 3.4% to 4.3%.

“There are now an additional 31,000 people unemployed since this time last year. Unemployment rose more quickly for women, kaimahi Māori, and for Pacific Peoples. The number of young people not in education, employment or training jumped 17%. This is a tough time for working people,” said Renney.

“Unemployment is a lagging indicator, meaning changes in the economy take time to fed through to labour market. The weakness in the economy is catching up with workers. The unemployment rate rose in 10 out of 12 regions of New Zealand. 119,000 Kiwi workers wanted more hours but couldn’t get them – a rise of nearly 30% from a year ago.

“This information should be a wake-up call to the Government. Unemployment is rising, but there is no plan to deal with the increase in those who will need help. Cuts to public services that would have helped the newly unemployed will likely make this situation worse.

“Workers wages are also showing signs of strain, with the increase in average hourly earnings (5.2%) rising at the slowest rate since March 2022. The Labour Cost Index is showing its lowest rate of increase since December 2022 at 4.1% – almost the same as inflation which is at 4%. Workers wages are barely keeping up with inflation.

“The NZCTU doesn’t accept that job losses and families being thrown into poverty are the right way to manage the economy. Add to this real term cuts to the minimum wage, and cuts to welfare payments, and there are all the ingredients needed for worker exploitation and increasing child poverty.

“The Government has a chance to act now before unemployment rises further and help make sure that workers and their whānau don’t bear the costs of their changes,” said Renney.

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Unions celebrate May Day during tough time for working people

Source: Council of Trade Unions – CTU

On International Workers’ Day, also known as May Day, the New Zealand Council of Trade Unions Te Kauae Kaimahi and the wider union movement are celebrating the proud history of the labour movement during a tough time for working people.

“May Day is an opportunity to pause and remember the hard-won achievements of the labour movement, from the eight-hour day to weekends and the minimum workplace rights and conditions including health and safety,” said NZCTU President Richard Wagstaff.
 
“It is a tough time right now for working people in Aotearoa New Zealand, with unemployment rising and government launching an all-out attack on their rights and conditions, from 90-day trials, to repealing Fair Pay Agreements, to widespread job cuts in the public service. It’s more important than ever that we take time to reflect on the power we have when we come together as working people to organise for a better future.
 
“As a movement, sometimes we face setbacks, other times we make great advances. But we keep moving forward and making progress for working people.
 
“On this May Day, let’s recommit to the idea that everyone deserves good work – work that is secure and pays well, provides lifelong opportunities, fosters health and wellbeing, enables people to have a voice in the workplace, and contributes to a meaningful and fulfilling life.
 
“If you want to be part of making history, join your union, get involved and let’s keep up the proud record of the labour movement,” said Wagstaff.

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NZCTU welcomes corporate manslaughter bill introduction

Source: Council of Trade Unions – CTU

NZCTU President Richard Wagstaff is calling on all political parties to support the new Member’s Bill from Labour’s workplace relations and safety spokesperson Camilla Belich MP that would ensure negligent companies are held accountable when their employees are killed at work.

The Crimes (Corporate Homicide) Amendment Bill would introduce a new criminal offence that provides that a person or entity will commit the offence if they have a relevant legal duty of care, and engage in conduct that exposes any individual to whom that duty is owed to a risk of death or serious injury, are reckless as to that risk, and their conduct results in the death of the individual.
 
“Unions have long been calling for corporate manslaughter legislation. We commend Camilla Belich for showing leadership on this Workers’ Memorial Day by introducing this Bill and fighting to uphold the health and safety of working people,” said Wagstaff.
 
“This Bill would bring us in line with international best practice, but most importantly, it would save workers’ lives.
 
“In Aotearoa New Zealand, the rate of workplace death is one of the worst in the developed world. There were 57 workplace fatalities in 2023 and three fatalities in the first 2 weeks of 2024. Every week 17 workers are killed as a consequence of their work.
 
“It’s a record we should be ashamed of, but it doesn’t have to be this way. This Bill is one of the most effective ways of preventing workplace deaths, as it holds employers accountable if they do not prioritise health and safety at work.
 
“Everyone deserves good work – work that is safe and secure, well-paid, and contributes to a meaningful and fulfilling life.
 
“The NZCTU are calling on the Government and all political parties to do the right thing and help ensure everyone is safe at work by supporting this Bill,” said Wagstaff.

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Lengthy legal battle over ERA determination ends in failure for South Island business

Source: Employment New Zealand

In September 2022 Darren Angus, who with his wife Lyndal owns Caisteal An Ime Ltd (CAIL), trading as Akaroa Village Inn, was ordered by the Employment Relations Authority (ERA) to pay $7,500 in penalties for refusing to provide a Labour Inspector with wages and time records; holiday and leave records; and employment agreements.

Authority member Philip Cheyne also ordered that the business comply with the Labour Inspector’s initial request that the employment records they required be provided.

Mr Cheyne found CAIL failed, “without reasonable cause to comply with the Labour Inspector’s requirement.”

He said the Labour Inspector’s request was reasonable, did not violate the company’s rights, and was neither an abuse of power nor harassment.

Unhappy with that decision, CAIL turned to the Employment Court asking:

  • to have the ERA determination set aside
  • for a stay of the ERA’s orders
  • that a penalty be imposed on the Labour Inspector
  • for compensation for “hurt and humiliation” allegedly caused by the inspector’s actions.

However, Employment Court Judge K G Smith found there was no basis for CAIL to refuse to comply with the Inspector’s records request and that the penalty ordered by the ERA was “appropriate” and dismissed the company’s application.

Still not satisfied, CAIL applied to the Court of Appeal for leave to appeal Judge Smith’s decision.

This application has now been declined.

The lengthy legal battle began in 2020 when the Labour Inspectorate received complaints related to public holidays payments at CAIL and started an investigation.

In October 2020, following the investigation, CAIL was found to have breached minimum employment standards, and the business agreed to rectify the breaches and provide evidence it had done so by 1 March 2021.

However, the Labour Inspector working on the case was not satisfied the evidence supplied was accurate or complete and suggested CAIL either conduct another audit or supply its employment records to her for analysis.

Darren Angus, on behalf of CAIL, was not prepared to do this saying the business was satisfied it had rectified the breaches as agreed with the Inspector.

This led to the inspector making a formal request for copies of wages and time records, holiday and leave records and employment agreements for all employees from its first day of business to 28 March 2021.

When Angus and CAIL refused to provide the records, the Inspector took the case to the ERA.

Labour Inspectorate Head, Simon Humphries had said the business and its owners simply supplied the Labour Inspector with the requested documents when initially asked this drawn-out legal process would never have been necessary.

“By law, businesses and their owners are required to supply employment records when requested to do so by a Labour Inspector.

“Labour Inspectors are tasked with making sure workplaces provide for minimum employment standards and laws. In this case the Labour Inspector tried her best to help the business rectify the breaches in compliance standards.”

He said where breaches are minimal and unintentional, the Inspectorate prefers to work with employers and employees to educate them on their rights and responsibilities or help resolve a complaint.

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NZCTU stands in solidarity with Myanmar community in opposition to junta visit

Source: Council of Trade Unions – CTU

Today NZCTU President Richard Wagstaff joined the Myanmar community at a rally outside MFAT’s Lambton Quay offices, in opposition to the attendance of officials from the illegal Myanmar military junta at today’s ASEAN-NZ dialogue meeting.

“Myanmar’s military junta has been internationally condemned for crimes against humanity in its ruthless war against its own people,” said Wagstaff.

“The union movement stands in solidarity with the Myanmar community in their fight for peace, justice, and democracy.

“Given this Government claims its tough on crime, how can it allow war criminals into the country? The Government should revoke the officials’ visas and expel them from the country.

“Across the world governments have stood firm in excluding and sanctioning the junta. For New Zealand to break ranks now and welcome them to our country is a stain on our democratic principles and international reputation, and a betrayal of the Myanmar community in New Zealand,” said Wagstaff.

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Inflation data shows need for a plan on climate and population

Source: Council of Trade Unions – CTU

Data today shows headline CPI inflation at 4%, continuing the fall begun in March 2023. Rises are concentrated in particular sectors – especially services. This data also shows that that the minimum wage increase will be half the rate of inflation this year, taking money out of the pockets of those with the least.

“Inflation was being generated by rents, (4.7%), rates (9.6%), and insurance (14%). Rents are rising at the fastest rate since they were recorded in 1999. Housing & vehicle insurance increased more than 20%. These are all in areas that working people can’t avoid,” said CTU Economist and Director of Policy Craig Renney.

“Pricing for goods that in the past have generated inflation such as food are now much more subdued. Vegetable prices have fallen nearly 15% annually according to this report.

“However, petrol prices rose by 12% from last year. This is worrying as petrol pricing tends to lead inflation data. The faster we can transition to an electric vehicle fleet the better.

“Inflation is now in sectors that don’t respond well to interest rate changes in New Zealand – such as insurance. This should give the Reserve Bank a reason to pause and reflect on its future interest rate path.

“Overall, this data suggests that inflation is continuing its long road back to the Reserve Bank rate. In the last three months, inflation was well within the 1-3% band being targeted.

“Inflation is still higher in New Zealand than it is in other comparable countries such as Australia or the USA, where economic and employment growth is also stronger on the back of strong infrastructure spending, government investment, and higher wages.

“Prices in New Zealand are responding to pressures such as population growth and climate change. The absence of both a plan and investment from government in these areas suggests an absence of action on future price rises,” said Renney.