Employment Issues – Page 27 – rnzngin Fifth Estate

September 4, 2023

NZCTU launches election campaign: Christopher Luxon is out of touch, there is too much risk with National

Source: Council of Trade Unions – CTU

The New Zealand Council of Trade Unions has launched its 2023 election campaign focused on why a National-led government will leave working people worse off.

“Christopher Luxon and National will take New Zealand backwards and working people will be the first to feel the pain,” said NZCTU President Richard Wagstaff.

“The buck stops with Christopher Luxon. He’s the leader, these are his policies. People need to take notice of that.

“We are running a strong, evidence-based campaign which sets out why Christopher Luxon and National are out of touch with what matters to the lives of working people – and out of touch with the challenges New Zealand faces.

“It’s not just us. A Newshub poll in May found nearly half of New Zealanders thought he was out of touch.

“Anyone who thinks the answer is a $10 per week tax cut for someone on the minimum wage, and savage cuts to public services, has to be seriously out of touch.”

The NZCTU said the campaign would focus on the clear evidence of what National is promising:

Fair Pay Agreements would be abolished – these provide minimum protections for workers and prevent the race to the bottom, by cutting the wages of the most vulnerable workers.
90-day trials for workers would be reinstated – there is no evidence these help businesses hire workers. In fact, it is the opposite, it will be easier to lay off workers for no reason.
Minimum wage rises would be restrained – National promises to raise the minimum wage every year, but we know National’s track record is poor. Under the current government minimum wages rises have increased the fortnightly income of those workers by $556 since 2017.
Tax breaks for landlords and speculators would make a comeback – these fuel the property market and simply enrich property investors, making it harder to buy a first home and pushing up rents.
Public transport costs for many low-paid workers would rise, along with prescription charges.
Welfare payments would be pegged to CPI inflation, meaning that many of the lowest-income New Zealanders will fall further behind.
The public service would be gutted – National would cut $8.5 billion of spending and savage frontline services up and down the country. Services working people depend on, and jobs that employ union members.
Climate Emergency Response Fund would be axed – $2.4 billion dollars committed to reducing our climate emissions to fund National’s landlord tax breaks. This will undermine New Zealand’s ability to tackle our climate crisis.

“National’s plan under Christopher Luxon is short-sighted, it is not good economic management,” said Wagstaff.

“October’s election is the most significant election for working people in a generation. It’s essential that going into this election, people understand what is at risk for not just working people, but all New Zealanders.”

September 2, 2023

Cleaners strike at Auckland Airport to reject zero increase – E tū

Source: Etu Union

Cleaners at Auckland Airport will be stopping work today and going on strike, after their employer OCS has offered zero increase in recent negotiations.

The workers will strike in groups and will be on a picket line at the Auckland Domestic Terminal (Air New Zealand side) from 1:30pm until 2:30pm.

OCS is one of the parties to the multi-employer collective agreement (MECA) for commercial cleaners, which also includes ISS, City Cleaning, PPCS, Total Property Services (TPS), Millennium, Kleenrite, Watershed, United Cleaning Services, and Westferry. These companies hold some of the biggest cleaning contracts across both the public and private sector.

While the MECA has been settled with some margin above the minimum wage in previous years, this time the employers aren’t budging.

Jacqueline Davis, an airport cleaner who will be going on strike today, says the zero offer shows the companies don’t care about their workers.

“Personally, I think they just don’t give a damn about us. We’re nothing in their eyes, we’re just the little cleaners,” Jacqueline says.

“OCS and all the other companies need to treat us with respect. If it wasn’t for us cleaners, the airport would be a hell of a mess. They need to treat us like people, we are sick of being treated like doormats.”

E tū has been campaigning for the Living Wage for cleaners. Jacqueline says getting the Living Wage would be a huge help, including for her health.

“Right now, if I get sick, I can’t afford to take the day off or go to the doctor. I had to use up all my sick leave after an accident, so I simply have no choice.

“Getting a decent wage would mean not having to worry about finding the money for a simple day off and a doctor’s visit.”

E tū Director, Sarah Thompson, says OCS and the other cleaning companies need to step up.

“This is such a harsh position from the employer group,” Sarah says.

“It shows that they just don’t value the essential work of cleaners like Jacqueline and thousands of others.”

Sarah says it’s a clear demonstration of why cleaners need a Fair Pay Agreement.

“Right now, we’re getting ready to bargain the very first Fair Pay Agreement for the cleaning industry, which will be the best opportunity in decades to really improve things for this essential workforce.

“The National and ACT parties have promised to scrap Fair Pay Agreements before they even get started. It’s another slap in the face to working people like Jacqueline, and we can’t let that happen.”

August 31, 2023

Questionable assumptions, untested numbers in National’s tax plan

Source: Council of Trade Unions – CTU

The tax plan set out by National is propped up with questionable assumptions and untested numbers, say the New Zealand Council of Trade Unions.

NZCTU Economist Craig Renney said the plan has generated many more questions than it answers.

“According to their plan, they will generate $3 billion from foreign buyers, $716 million from foreign casino operators.

“There is no evidence that these numbers are possible, nor how they will be delivered. That is up to $3.6 billion that will need to be found from even deeper cuts to public services.

National also wants to cut spending on items such as free prescriptions, public transport support, and income support for those on the very lowest incomes.

This tax package cuts $2.3 billion of spending on tackling climate change – which protects jobs, incomes, and communities – and then gives $2.3 billion to landlords in tax advantages.

“This shows how out of touch National is on the issues that matter to New Zealanders,” said Renney.

According to IRD, 2.3 million New Zealanders earned less than $44,000 a year, meaning that they will be getting $2.15 a week from this package.

“That’s 56% of all income taxpayers. For them, this is not cost of living support it’s an insult. Meanwhile, those who own multiple homes will be in for billions of dollars of government support.

“There is nothing in this package that supports sustainable economic growth, helps to grow jobs, and there is a real risk that it will simply stoke further inflation and housing speculation.

“We still haven’t seen Nationals plan for how it will fund schools and hospitals. How it will lift children out of poverty. How it will build additional housing for those in need.

“This tax package simply adds more questions on top. It’s not clear the numbers add up, and it’s not clear that National shares New Zealanders priorities.”

August 31, 2023

National’s tax plan “deeply misleading” – E tū – E tū

Source: Etu Union

E tū, the biggest private sector union in Aotearoa New Zealand, is hugely disappointed with the National Party’s policy to implement a tax regime that benefits the wealthy while leaving many others no better off.

The plan, released today, includes an adjustment of tax brackets, reinstating interest deductibility for landlords, removing the Government’s recent public transport subsidies, ending the foreign buyer ban on homes worth over $2 million, and cancelling other government projects.

“This is a deeply misleading policy, because it doesn’t factor in everything National will take away from working families,” says E tū Director, Sarah Thompson.

“Their policy says that average families will be ‘better off’ because of their FamilyBoost policy, but they have not factored in the extra costs on families resulting from the removal of Labour’s ECE funding extension.

“Their numbers also don’t reflect that families will be paying more for public transport under their plan, nor does it include the congestion charges they are planning to implement as part of their transport policy.

“Families who rely on public transport or the extra ECE funding will not be nearly as well off as National claim. They’ll also be paying extra costs when National bring back prescription fees. It’s all smoke and mirrors.”

Sarah says landlords like Christopher Luxon are the real winners from this policy, with $2.3 billion going to them over four years.

“Christopher Luxon does not need to pocket more money. He is on the record saying he doesn’t even know how much his seven properties are worth – he’s doing extremely well.

“That money should be going to increasing essential services, building core infrastructure, supporting those who need it most, and investing in the future of Aotearoa. Instead, he’s going to give billions to himself and his rich mates.”

Sarah says that with lower- and middle-income New Zealanders doing it tough during the cost-of-living crisis, the money should be targeted based on real need.

“It’s galling to hear Luxon describe this as a cost-of-living policy when so much goes to the richest people.

Sarah says today’s announcement is another example that the National Party are going into the election with an anti-worker agenda.

“This is just the latest indicator that National doesn’t really care about working people. Yesterday, they re-committed to extending 90-day trials, despite the evidence clearly showing they don’t work. They will also scrap Fair Pay Agreements, robbing low paid workers of their best opportunity in decades to make real gains.”

ENDS

August 30, 2023

90-day trials – didn’t work then, won’t work now

Source: Council of Trade Unions – CTU

Unions across the country have slammed the National Party’s proposal to reintroduce 90-day trials, and say it would undermine fundamental workplace rights in New Zealand.

NZ Council of Trade Unions President Richard Wagstaff said 90-day trials were outdated, ineffective, and lazy policy.

“Getting ‘back on track’ as National puts it, clearly means a return to policies that are bad for working people.

“90-day trials are not a mechanism to make hiring workers easier. They only make it easier for businesses to fire them.”

Trial periods have proven to be ineffective. Treasury funded research found no evidence that the ability to use trial periods significantly increased firms’ overall hiring.

Additionally, there was no evidence that the policy substantially increased short-term hiring.

The study did find that many employees faced increased uncertainty about their job security in the months after their hiring.

Unite National Secretary John Crocker said the policy would disproportionately impact workers that were young and on low incomes.

“This policy would disadvantage vulnerable workers, like young people or those just entering the workforce, while allowing bad employers to fire people with impunity.

“Workers can already be fired – but it has to be done fairly and reasonably. National’s proposal is to protect unfair and unreasonable employers from any consequences.”

E tū Director Sarah Thompson dismissed the policy as anti-evidence and anti-worker.

“During a cost-of-living crisis, workers and our families need better pay, conditions, and job security – things National seems dead set on eroding through talk of 90-day trials, and the repeal of Fair Pay Agreements.”

“This is a failed policy from the past that exists solely to seduce the National Party’s business donors,” said Dennis Maga, FIRST Union General Secretary. “This would make life worse in New Zealand for anyone who doesn’t already run a very large and exploitative business.”

August 30, 2023

Rising profits accounted for more than half of domestic inflation during cost-of-living crisis

Source: Council of Trade Unions – CTU

JOIN MEDIA RELEASE: FIRST Union, NZCTU and ActionStation

A new report released today by FIRST Union, NZ Council of Trade Unions and Action Station argues that rising profits – not wages – have been the primary driver of domestic inflation during the cost-of-living crisis.

“This report reveals that from mid-2021 to the end of 2022, rising profits contributed more than half of domestic inflationary pressure, while labour costs accounted for less than a third”, said FIRST Union Researcher and Policy Analyst Edward Miller.

“Many communities that are enduring rising prices while businesses post record profits have reached the same conclusion. They know that they are also on the receiving end of an inflation policy response that disproportionately impacts the poor and vulnerable”, said Miller.

Profit-led inflation in Aotearoa uses the same methodology as reports by the OECD, European Central Bank and the Australia Institute to decompose the profit and labour contributions to domestic inflationary pressure. Sector- and firm-level data provide further insight into how rising profits have fed into prices, looking at food, transport and housing.

“Over the past year, inflation has been the grand excuse for anyone to wield at their disposal. It provides cover for business owners to push up prices while withholding wage rises. It has been sharpened as a weapon for political gain by parties wanting to shrink government and the public sector. All of this has distracted us from the big businesses driving inflation,” said Kassie Hartendorp, Director of ActionStation.

“While our communities have been struggling from rising prices for the basics, big business has been shamelessly profiting off customers’ misery. This report shows that our largest corporations have been driving inflation at a time when people are struggling the most. We need policies that will address the root of the problem and ease the pressure for all of us,” said Kassie Hartendorp.

“These findings should open new discussions about the appropriate policy responses for reducing inflationary pressures. We need to tackle inflation in both the short and the long-run, and to make sure that the costs of our inflation response are falling on those who have benefitted the most over the past few years”, said CTU Policy Director Craig Renney.

“In the long-term, inflation reduction requires investment in those things that will make a consistent difference. We need to tackle rents, energy and transport costs, and to make sure that Kiwis have access to high quality public services. Doing this will not only reduce inflation, it will create the more productive and sustainable future”.

August 24, 2023

Action still required to eliminate the harm caused by engineered stone

Source: Council of Trade Unions – CTU

More needs to be done to protect people who work with engineered stone. Workers in these industries are being exposed to highly hazardous silica dust and fears remain for their health and safety.

This week NZCTU President Richard Wagstaff joined Kathryn Ryan on RNZ’s Nine to Noon to discuss the issue. Also on the segment was Professor Lin Fritschi, a cancer epidemiologist specialising in occupational causes of cancer:

The issue

Engineered stone is a man-made artificial product that combines crystallised silica and other materials with resin. The silica dust created from cutting, drilling or grinding these materials is extremely hazardous.

Exposure to silica dust can cause silicosis (scarring of the lungs), lung cancer and auto-immune disease. These diseases are incurable and can be fatal.

Evidence from Australia demonstrates the damage caused by engineered stone. Workers in the industry are diagnosed with silicosis at a much higher rate than the general population with ‘1 in 3 workers tested in Queensland showing signs of silicosis’.

A 2021 Australian National Dust Disease Taskforce report found nearly one in four workers exposed to silica dust from engineered stone before 2018 have been diagnosed with silicosis.

Call to action

While silicosis and other diseases caused by silica dust exposure are incurable, they are preventable.

The NZCTU is working with a growing number of unions, academics, and health and safety professionals calling for a ban on engineered stone. Established health and safety principles tell us to eliminate risks whenever possible as a first option – this option is available.

“It’s simple 101 health and safety if you don’t need to do it, then stop doing it”

— NZCTU President Richard Wagstaff

The growing evidence of the harm caused by exposure, and the fact that WorkSafe is having to up enforcement pressure on businesses to manage the risks properly, shows that a ban on all engineered stone products is necessary (with the only exemption for managing or removing engineered stone already in place).

Engineered stone benchtops are a cosmetic choice, and many safe alternatives exist. We can protect workers from life-altering illness by banning this material.

It is clear to us that a ban is only safe option.

August 23, 2023

Fatal Ruapehu bus crash was avoidable

Source: Worksafe New Zealand

23 August 2023

The importance of vehicle maintenance and driver training have been laid bare at the court sentencing for a deadly bus crash half a decade ago at Mt Ruapehu.

11-year-old Hannah Francis was killed and several others seriously injured when the bus, owned and operated by Ruapehu Alpine Lifts Limited (RAL), crashed while descending the Ohakune Mountain Road on 28 July 2018.

The coroner found the bus brakes overheated and failed, alongside critical errors by the driver. WorkSafe’s later investigation then discovered RAL had improperly maintained its buses and had fallen well short on training and supervising its drivers. WorkSafe charged RAL for its health and safety failures. The company is now in liquidation, but pleaded guilty in April 2023, and has been sentenced in the Waitakere District Court.

“This preventable tragedy reflects a failure to acquire the best equipment for the job. RAL knew its buses were at the limit of their capability, and acknowledged drivers should have had far more in-depth training on the risk of brake failure,” says WorkSafe’s area investigation manager, Paul Budd.

“These oversights cost Hannah her life, and led to physical injuries and lasting trauma for many of the surviving passengers. Some also have an enduring fear of getting on public transport, which is completely understandable, and will not ski or snowboard anymore.

“Any business with a vehicle fleet would do well to re-evaluate its suitability and maintenance in light of this tragedy. It’s also worth a close look at driver skills and training, especially in response to emergencies,” says Paul Budd.

Since 2020 WorkSafe and NZ Police have met monthly to review all heavy vehicle incidents where fatalities have eventuated, to ensure clarity over which agency will undertake investigations and to ensure those investigations are thorough and robust. WorkSafe is confident that this closer collaboration with Police achieves better outcomes for victims and investigations.

Hannah Francis, a victim of the 2018 Mt Ruapehu bus crash.

Statement from the Bruton and Francis families

Today is the final step in a legal process that has lasted over five years for our two families. Hannah would now be 16 years old, and these five years have not lessened the pain of losing her, especially in the way that we did.

The hole that Hannah has left is huge. She has missed out living her life, meeting her milestones and embracing her dreams. She should be giggling, studying for her future, dreaming and living. Yet she isn’t.

Although today brings a close to the legal processes it does not bring an end to our loss. We continue to do our best to live our lives to the fullest as she would have wanted, as she did in the short time she was with us. We love you Hannah Teresa Francis. You are with us always and will never be forgotten by so many people who loved and adored you.

Throughout this journey we have had the support of a number of professionals that have done their very best to get some resolution for Hannah. We would like to take this opportunity to thank them for their tireless efforts to make changes that hopefully mean no more innocent children die.

We would also like to acknowledge the other people on the bus that day. This accident has also had a significant impact on their lives and should not be overlooked.

Ministers and agencies should do right by Hannah’s legacy and mandate seat belts in buses. We ask how many children have to be hurt before something is done?

Background

Ruapehu Alpine Lifts was sentenced at the Waitakere District Court on 23 August 2023.
Reparations of $433,094.82 were ordered in relation to 17 victims, but no fine due to RAL being in liquidation.
Ruapehu Alpine Lifts was charged under sections 36(2), s 48(1) and (2)(c) of the Health and Safety at Work Act 2015
- Being a PCBU, failed to ensure so far as was reasonably practicable, the health and safety of other persons, namely passengers on its Mitsubishi Fuso buses, were not put at risk from work (transport to and from the ski fields) carried out as part of the conduct of the business, and that failure exposed individuals including Hannah Francis and the other passengers on Mitsubishi Fuso Bus CDJ298 during the relevant period (along with other road users at the time) to a risk of death or serious injury.
The company was also charged under sections 36(1)(a), 48(1) and 48(2)(c) of the Health and Safety at Work Act 2015
- Being a PCBU, failed to ensure so far as was reasonably practicable, the health and safety of workers who worked for the PCBU, while the workers were at work driving its Mitsubishi Fuso buses, and that failure exposed individuals including, Sung-Pil (Terry) Choi (and other employees who drove the Mitsubishi Fuso buses during the relevant period) to a risk of death or serious injury.
The maximum penalty is a fine not exceeding $1.5 million.

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

August 22, 2023

Sand boarding death puts sad new perspective on customer care

Source: Worksafe New Zealand

22 August 2023

The health and safety of customers must be a priority for businesses, WorkSafe New Zealand says, in light of a horrific sand boarding incident which killed a tourist on a family holiday in the Far North.

Jin Chang Oh was boarding the giant sand dunes at Te Paki when he slid into the path of a moving bus in February 2019. The South Korean national had been on a tour run by Sand Safaris 2014 Limited. His death was witnessed by his wife, son, daughter in law, and granddaughter.

A WorkSafe investigation found the company ineffectively identified and controlled the hazards and risks of sandboarding; it had not ensured riders were kept safe from vehicles and did not have an effective traffic management system in place.

Judge Philip Rzepecky agreed, saying “a clearly identifiable hazard” was overlooked and Mr Oh was “not to blame at all for what happened to him”. After a trial late last year the company was found guilty of health and safety failures, and has now been sentenced.

“The facts of this sad case speak for themselves. Allowing high-speed leisure activities to take place in such close proximity to moving vehicles without tightly managing the risks is asking for trouble,” says WorkSafe’s area investigation manager, Danielle Henry.

“Sand Safaris should have learned from an incident at the same location three years earlier, where a person sandboarding with another company was run over and seriously injured.

“Operators not only have a responsibility for their workers, but also their customers, and must not lose sight of that. While we want thrill-seekers to enjoy themselves, it’s critical that risks are not overlooked and businesses do what they can to keep people safe,” says Danielle Henry.

Background:

Sand Safaris 2014 Limited was sentenced at the Whangārei District Court on 21 August 2023
A fine of $200,000 was imposed, and reparations of $182,209.33 were ordered
Sand Safaris was charged under sections 36(2) and 48(1) of the Health and Safety at Work Act 2015
- Being a PCBU having a duty to ensure, so far as is reasonably practicable, 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, did fail to comply with that duty, and that failure exposed individuals undertaking sand boarding activities, including Jin Chang Oh, to a risk of death or serious injury.
The maximum penalty is a fine not exceeding $1.5 million.

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

August 21, 2023

Safety commitment agreed after sea cave ordeal

Source: Worksafe New Zealand

21 August 2023

A Northland dive operator has committed more than quarter of a million dollars to putting things right after school children were put in danger of drowning on one of its trips.

Dive! Tutukaka Limited facilitated the kayaking and snorkeling trip for Tauraroa Area School in the Poor Knights Islands Marine Reserve in December 2020.

WorkSafe New Zealand investigated after two children became stuck in a sea cave when their shared kayak capsized in rough swells. One got her feet trapped in a crevice and was submerged each time a wave entered the cave. Her rescuer then got stranded on a ledge with the other young kayaker until a rescue helicopter could arrive two hours later. Both children were left emotionally traumatised by the experience.

In response to the incident, Dive! Tutukaka has entered into a legally binding safety pledge, known as an enforceable undertaking, which WorkSafe has accepted. The commitment includes:

Reparations to the two young victims
Professional development and training for Dive! Tutukaka workers
Funding and training for the Northland rescue helicopter, Tutukaka Coastguard, and water confidence programmes for local rangatahi
Partnering with Education Outdoors New Zealand to upskill providers who work with schools.

“The investment Dive! Tutukaka will make exceeds what even the courts may have ordered in penalties. This demonstrates a substantial commitment to health and safety, with benefits circled back to the community, workers, and the industry,” says WorkSafe’s acting Head of Specialist Interventions, Catalijne Pille.

WorkSafe will regularly monitor progress on the conditions which have been agreed and can resume prosecution if the commitment is not upheld.

“In light of this incident at the Poor Knights Islands, and the recent fatality at Abbey Caves, this commitment is a timely boost for the outdoor education system. Students should be able to participate in activities safely, and parents must have confidence their rangatahi will be kept safe,” says Catalijne Pille.

Tauraroa Area School’s Board of Trustees was sentenced in December 2022 in the Whangārei District Court for its health and safety failures.

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