Category: Employment Law

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NZCTU urges political parties to vote down extreme anti-worker bill

Source: Council of Trade Unions – CTU

NZCTU Te Kauae Kaimahi Acting President Rachel Mackintosh is calling on political parties to vote down Brooke van Velden’s Employment Relations (Pay Deductions for Partial Strikes) Amendment Bill, as it would undermine the ability of workers to engage in industrial action and may even lead to workers losing pay for simply doing the job they were employed to do.

“Enabling pay deductions for partial strike action is bad lawmaking and will have the opposite effect of what the Minister is claiming to achieve through this law change,” said Mackintosh.

“Allowing employers to deduct wages for partial strikes allows for the intimidation of workers and may mean that partial strike action will be abandoned, forcing workers to fully withdraw labour, which will escalate disputes.

“Industrial action is supposed to help level the power imbalances in employment relationships that favour employers. This change undermines that and tips the balance of power even further in favour of employers by introducing a punitive response to legitimate industrial action.

“It is absurd that the Minister considers that work-to-rule is a form of partial strike. Work-to-rule just means following the letter of your employment agreement, for example choosing not to change a scheduled shift or complete a task that is outside the scope of your role.

“What this will mean is that a worker could be punished financially for simply doing the job they were employed to do, and not even engaging in strike action.

“The Bill currently before the House is in contradiction with our international commitments to provide workers the right to organise and collectively bargain, and to provide adequate protection to workers against acts of anti-union discrimination in employment.

“We believe that the Government should be proactively enabling and engaging in upcoming public service collective bargaining rather than creating loopholes and escapes to undermine the country’s employment relations framework.

“The only winners of this Bill will be the lawyers. This legislation will lead to increased litigation, and prolonging bargaining and industrial action at the expense of both workers and employers.

“Christopher Luxon is once again allowing the ACT party to advance its extreme anti-worker agenda in this latest round of brazen attacks on the rights of working people,” said Mackintosh.

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Luxon surrenders worker protections to ACT Party

Source: Council of Trade Unions – CTU

“The Government’s plan to remove unjustified dismissal protections from workers earning over $180,000 shows a concerning lack of leadership from Prime Minister Christopher Luxon, who has handed too many critical workplace decisions to ACT’s Brooke van Velden, the Minister for Workplace Relations who seems hell-bent on trampling on workers’ rights,” said NZCTU Te Kauae Kaimahi Acting President Rachel Mackintosh. “This move undermines basic employment rights and shifts the balance of power even further in favour of employers.”

“Personal grievances are an important remedy when a worker has been unlawfully mistreated,” said Mackintosh. “High-income earners are not immune to power imbalances in the workplace. Dismissing their right to fair treatment sends yet another clear signal that this Government values employers’ convenience over fairness at work.”
 
The proposed policy excludes senior executives and specialists from unjustified dismissal protections, unless they negotiate these terms individually—an unrealistic option when employers hold the upper hand in employment agreement negotiations.
 
“This isn’t about choice or flexibility; it’s about eroding trust and silencing workers,” said Mackintosh. “Luxon’s Government is setting a dangerous precedent, where protections for some can be stripped away under the guise of market efficiency.”
 
“The Government should reverse this decision and commit to fair workplace laws that protect all workers, regardless of income. Employment law must ensure dignity, respect, and a fair process for everyone. Anything less risks undermining the integrity of our workplaces.” Mackintosh said.

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National and NZ First urged to block ACT’s anti-worker agenda

Source: Council of Trade Unions – CTU

NZCTU President Richard Wagstaff is calling on the Government to reconsider its decision to progress Brooke van Velden’s new Employment Relations Amendment Bill, which would deny workers who have been misclassified as contractors their fundamental rights.

“If this Bill proceeds, businesses will be encouraged to exploit the contractor loophole and deny workers their fundamental rights including collective bargaining, annual leave, sick leave, holiday pay, and the right to join a union,” said Wagstaff.

“Despite what the Minister is claiming, the Bill could actually make life more uncertain for employees and employers by exposing more workers.
 
“The Government seems committed to making life harder for working people. At a time when unemployment is rising, when work is becoming scarce, this is exactly the wrong path to take. 
 
“These changes are engineered for employers in the gig economy. Uber has lost in court and the Government is going to legislate so that they, and companies like them, don’t lose again. 

“It is abundantly clear who ACT is working for – not for some of the most vulnerable workers in the country, but for multinational corporations and unscrupulous employers who want to exploit workers.
 
“National and NZ First should reconsider their decisions and block this ACT policy that is a fundamental attack on worker’s rights. They could stop this tomorrow,‘ said Wagstaff. 

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Minister must listen to Court’s Uber ruling and abandon contractor reform

Source: Council of Trade Unions – CTU

The NZCTU Te Kauae Kaimahi is celebrating the Court of Appeal ruling that Uber drivers were misclassified as contractors and is calling on Brooke van Velden to abandon her plans to block workers misclassified as contractors from testing their employment status in court.

The Court of Appeal’s has ruled that a worker’s status as either an independent contractor or an employee must be determined by the real nature and circumstances of the work and how the working relationship functions. Independent contractors are independent businesses, whereas workers perform work for their employer’s business.

“This is a tremendous victory for working people in Aotearoa New Zealand,” said NZCTU President Richard Wagstaff.

“The ruling proves why workers need access to justice, to challenge unscrupulous employers like Uber who are circumventing employment law by hiring people as contractors.

“Mislabelling genuine employees as independent contractors exposes workers to exploitation, denying them many of the basic protections and entitlements that are provided for employees, such as sick and annual leave, minimum wage, protection of hours and protection from unjustifiable dismissal.

“If Minister van Velden had her way, these Uber drivers wouldn’t have been able to even get their case heard in court. The implications of that are profound would undermine the very foundations of employment law.

“It would create a system that further incentivises companies to exploit the contractor loophole, undermining fair competition and eroding standard employment conditions across industries and the entire economy.

“The Minister must listen to the judgement of the Court of Appeal and recognise the rights of workers to have cases heard in the courts. There is now no excuse to pursue her unethical plans for contractor reform.

“The executive branch has a duty to uphold the rights of workers to test their employment status in court. Attempting to remove their ability to do so, because they don’t like the judicial branch’s decisions, would be an affront to constitutional norms in New Zealand.

“With the rise of the so-called “gig economy”, cases of workers being misclassified as contractors are more and more frequent. The Court of Appeal notes that whether a someone is an employee has “assumed increased importance in light of the growing fragmentation, casualisation, and globalisation of work and workforces in New Zealand”.

“Everyone deserves good work – work that is well-paid, safe and secure and has minimum rights and conditions. That means they need the legal protections afforded to employees,” said Wagstaff.

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NZCTU condemns contractor reform as fundamental attack on workers’ rights

Source: Council of Trade Unions – CTU

NZCTU Te Kauae Kaimahi President Richard Wagstaff is condemning a proposed change to employment law as a deplorable attack on workers’ rights.

Minister for Workplace Relations, Brooke van Velden, has instructed her officials to begin work on preventing workers misclassified as contractors from challenging their employment status in the courts.

“The Minister is consulting on removing fundamental employee rights, such as a minimum wage, annual leave, rights to freedom of association and collective bargaining. That she even considers these changes worthy of consultation is deplorable,” said Wagstaff.

“If implemented, these changes represent the biggest attack on workers’ rights since the early 1990s and would open the floodgates to worker exploitation across Aotearoa New Zealand.

“Blocking workers from challenging their employment status in court will allow unscrupulous employers to circumvent employment law by hiring people as contractors, without fear of challenge.

“This could completely change the nature of employment. Workers in industries that currently seem safe from being engaged as contractors, would be at risk if these changes go through.

“The Minister wants to block vulnerable workers from even being able to have their case heard. This is not only unethical, but also legally unworkable.

“The NZCTU totally oppose any attempt by government to undermine access to justice for working people. Everyone, regardless of employment status, deserves good work – work that is well-paid, safe and secure and contributes to a meaningful and fulfilling life,” said Wagstaff.

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Proposed Holidays Act changes undermine workers’ entitlements

Source: Council of Trade Unions – CTU

The NZCTU Te Kauae Kaimahi is calling on the Government to not reduce worker entitlements in their review of the Holidays Act.

“We are concerned that the proposed changes undermine the agreed position reached by unions and business under the last government,” said Acting NZCTU President Rachel Mackintosh.

“Under the guise of ‘simplicity’, the Minister seems intent on reducing hard-won entitlements that have been put in place for working people.

“Worker entitlements in the Holidays Act must be protected through this review. There appear to be no plans to engage with workers or their unions, despite them being the people who are directly impacted by this.

“We reject the idea that part-time workers should have their sick leave entitlement pro-rated. Viruses and other illnesses have no regard for hours of work.

“The proposed changes are irresponsible, and will disproportionately impact on Māori, Pasifika, women and other vulnerable workers, who are more likely to be in part-time and insecure work.

“People who are sick should be supported to stay at home and not spread sickness around workplaces.

“These changes will force more people to go into work sick, and that represents a step backwards. Ultimately, it would be worse for businesses, families and communities and our stretched health system.

“Everyone deserves good work – and that means workers should have enough leave available to look after their health and wellbeing and live a meaningful and fulfilling life,” said Mackintosh.