Category: Employment Relations

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Six years of work wasted – Holidays Act reform now years away

Source: Council of Trade Unions – CTU

Brooke van Velden has wasted six years of work from businesses, unions, and government by binning planned Holidays Act reforms, said Acting CTU President Rachel Mackintosh in response to today’s announcement from Minister for Workplace Relations and Safety.

 “The Minister has cynically kicked the can on Holiday Act reform even further down the road, meaning an even longer delay for workers trying to get their basic rights to leave recognised,” said Mackintosh.

“The Government is again making decisions that are bad for workers by departing from an agreement that ensured any changes wouldn’t be damaging to working people.

 “When this review commenced, businesses and unions agreed that Holidays Act reforms would not result in leaving workers worse off. The change in direction announced today throws that agreement up in the air.

“Workers and businesses have asked for clarity around their Holidays Act requirements. Rather than getting on with the job, all the Minister has done today is ensure greater uncertainty for even longer.

“Her proposed new model could also mean that every worker would need to record their hours worked, which would add complexity to the system. The Minister needs to listen to workers and business as social partners and implement what was already agreed.

“In her speech today, the Minister mentioned she was listening to employers and “experts” but failed to mention workers. This is more evidence that she is making decisions for only the employer side of the employment relationship, not the millions of workers in this country.

 “After six years of work and tripartite agreement on the future of the Holidays Act, today the Minister has taken us back to the start. In doing so, she also appears to have taken protections for workers off the table.

“This is yet another example of this Government deliberately making life harder for working people,” said Mackintosh.

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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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Government’s personal grievance changes will empower bad employers

Source: Council of Trade Unions – CTU

NZCTU Te Kauae Kaimahi Acting President Rachel Mackintosh is saying that the Government’s proposal to further weight the scales in favour of employers in personal grievance cases will make workplace culture worse and harm efforts to create a fair playing field for workers.

“Making the personal grievance regime even tougher for workers will empower bad employers to think they can get away with mistreating their employees,” said Mackintosh.

“These changes exacerbate power imbalances between employers and workers and will encourage employers to not take workplace complaints and accusations of misconduct seriously.

“The personal grievance process is already a tough regime for workers and under the current law, many workers lose their cases, and many workers have their remedies reduced, sometimes by significant amounts.

“What the Government seems to be saying is that if a worker has been found to have contributed to the problem in any way, then they should not receive any financial remedy. They are trying to tie the courts hands and prevent them from establishing justice.

“This is the latest in a sustained series of attacks on workers rights from Christopher Luxon’s Government, who seem intent on making life harder for working people.

“The Prime Minister and his cabinet continue to demonstrate that they are governing only for employers and couldn’t care less about the people who get up every day and go to work to keep this country running,” said Mackintosh.

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Government must vote down ACT Members Bill that would undermine workers’ rights

Source: Council of Trade Unions – CTU

NZCTU Te Kauae Kaimahi President Richard Wagstaff is calling on the Government to vote down an ACT Party Members Bill that would undermine workers’ rights by making it easier for employers to fire workers.

Last week ACT MP Laura Trask’s Employment Relations (Termination of Employment by Agreement) Amendment Bill was drawn from the ballot.

“This Bill would be a major backwards step. It is an attack on the rights of working people and makes it less likely that workers will be treated with fairness and respect in their relationships with employers,” said Wagstaff.

“Brooke van Velden has said that she supports the Bill ‘in her capacity as a fellow ACT MP’. What we want to know, is what her official position as a government minister?

“What this Bill does is make it easier for employers to exploit power imbalances in the workplace and constructively dismiss workers, while making it harder for workers to hold employers responsible. Constructive dismissal is an objectionable practice.

“This approach would only make it easier for employers to lean on workers and push them out.

“There is already a process for employers to engage in mediation with staff. This Bill is not needed to ensure that without prejudice conversations can occur. These occur frequently and play a part in resolving practically all employment issues.

“All workers have the right to good work and should be able to expect to be treated with fairness in the workplace.

“This change would appeal to the worst employers who don’t have any respect for proper process or the rights of employees. We are calling on the Government to clarify their position and vote down this unnecessary and unjust Bill,” 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.