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.

NZCTU Rūnanga calling for submissions on proposed changes to NZ Post

Source: Council of Trade Unions – CTU

The CTU Rūnanga is asking affiliates to support postal workers and get out and make submissions against contracting out postal delivery, to stop job cuts and ensure fair pay and conditions for postal workers.

The Postal Workers Union is fighting NZ Post’s plans to replace postal workers with contracted couriers. The union believes that this move will lead to slower deliveries and poorer working conditions for the couriers, who are used as a “third-class workforce”.

The union has highlighted that the shift to contractors would mean there would be no posties employed by NZ Post after the planned job cuts. It contends that this violates the State-Owned Enterprises Act, which requires NZ Post to provide good and fair working conditions, instead leaving contractors to determine workers’ pay and conditions.

About the consultation

The Crown is seeking feedback on proposed changes to NZ Post’s minimum obligations under the Postal Deed of Understanding.

The Postal Deed of Understanding (the Deed) is an agreement between NZ Post and the Crown which sets out the minimum mail service obligations that NZ Post must meet to provide a nationwide postal service.

The Crown is seeking feedback on proposed changes to NZ Post’s service obligations, as part of the 2024 Review of the Deed. Their reasoning is to enable a financially sustainable mail service that continues to meet the communication needs of New Zealanders.

The review does not consider fair pay and conditions for their postal workers or the fact that, once rural outlets are closed, much needed postal services will decline for rural communities.

They are seeking feedback on five key proposed changes

  • Reducing minimum delivery frequency from:
    • Minimum 3 days per week in urban areas, to 2 days per week.
    • Minimum 5 days per week in rural areas, to 3 days per week.
  • Reducing the minimum number of postal outlets from 880 to 500. Considering a glide down to a minimum of 400 over time.
  • Providing for NZ Post to meets its requirement to extend its network in the form of delivering to cluster and community boxes for new addresses.
  • Allowing NZ Post to convert existing delivery points into communal points at a rate of up to 5% per year.
  • Instead of a 5-year period before the next Deed Review, suggesting the next Review be in 3 years.

How to make a submission:

Seeking feedback on moving towards a financially sustainable mail service | Ministry of Business, Innovation & Employment

Submission template: Recap of questions

New Port Code could save lives on the waterfront

Source: Maritime Union of New Zealand

The Maritime Union of New Zealand says the new Approved Code of Practice (ACOP) for loading and unloading cargo at ports and on ships could save lives and prevent serious harm on the waterfront.

The ACOP was launched this morning at Port of Auckland as the result of work by the Port Health and Safety Leadership Group made up of port unions, ports and stevedoring companies, the Port Industry Association, and regulator Maritime NZ.

Maritime Union of New Zealand National Secretary Carl Findlay says the Union has been campaigning for a national industry code of practice for years.

He says the ACOP provides clear guidelines to ensure the safety and health of workers involved in loading and unloading cargo at ports. 

“There has been a terrible history of death and injuries over the years in New Zealand ports, and the ACOP will play a major role in prioritizing the health and safety of port workers.”

Mr Findlay says including the workers on the job perspective has been an essential part of developing the ACOP.

He says the task now is to ensure the ACOP is adhered to by employers and understood by port workers.

“The key is making sure the ACOP is having an impact on the day to day practices at ports where Unions are the worker’s voice on the job.”

Mr Findlay says there has been further progress in the industry with the development of fatigue risk management systems and the extension of Maritime NZ’s designation to cover the entire port.

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.

RBNZ data highlights weak economy and labour market

Source: Council of Trade Unions – CTU

“Unemployment is forecast to remain elevated until the end of 2025 and isn’t expected to fall back to its pre-recession lows within the forecast period. Without a plan to reduce it, we are choosing a permanently higher unemployment rate in New Zealand. It’s no wonder so many Kiwis are emigrating overseas,” said NZCTU Te Kauae Kaimahi Economist Craig Renney.

Today’s announcement by the Reserve Bank shows that the economy will remain weak going into 2025, and that unemployment will continue to climb, said Renney. “The forecasts show that employment is likely to remain below 2023 levels until December 2025 – while the labour force grows by 28,000 during that period. Over the past year economic growth was effectively zero.”

“Business investment won’t hit 2023 levels until 2027. Residential investment is still falling. Government spending falls and returns to its current level in 2026. There is no engine of economic growth except private spending, which is weak.”

“Many people will celebrate the fall in interest rates, and the hope that this will bring financial relief. But this data also shows that the labour market is in for the long-haul. Yet there is no plan to help towns like Tokoroa or Timaru deal with the closure of large employers. It’s time for a different track.” Renny said.

Maritime Union welcomes conviction of ex Port of Auckland CEO Tony Gibson

Source: Maritime Union of New Zealand

The Maritime Union of New Zealand has welcomed the conviction of former Ports of Auckland CEO Tony Gibson on a health and safety charge.

Mr Gibson was found guilty by Judge Bonnar in the Auckland District Court this morning.

Charges were laid against Mr Gibson by industry regulator Maritime New Zealand under the Health and Safety at Work Act (2015) following the death of POAL employee Mr Pala’amo (Amo) Kalati on 30 August 2020.

The Court found Mr Gibson failed to ensure adequate systems were in place to manage critical risks, particularly around crane operations and exclusion zones.

Maritime Union of New Zealand National Secretary Carl Findlay says the conviction brings to an end “an era of failure at the highest levels of Port of Auckland which had tragic outcomes for workers, their families and their colleagues.”

Mr Findlay says the Maritime Union made repeated attempts to draw attention to health and safety concerns at POAL during Mr Gibson’s tenure, which were minimized and downplayed.

“This conviction vindicates the stance of our Union but it sadly comes too late for those who died due to the failure to ensure a safe workplace.”

He says thoughts today should go out to the families and those left behind after deaths on the waterfront.

“Today’s outcome sends a message that workers lives mean something, and that highly paid decision makers are accountable for their decisions.” 

“We hope other senior managers and Board members reflect and gain insight into the effect on innocent working people when health and safety is not prioritized.”

He says new management at the Ports of Auckland have taken a positive approach to engaging with workers and the Union, and this has resulted in health and safety and the wellbeing of workers at the Port becoming a priority.

“Following the ignominious resignation and departure of Mr Gibson in 2021, the Maritime Union has worked together successfully with new management at POAL and stevedoring companies in Auckland to develop a code of practice to ensure best safety practices in stevedoring.”

The Maritime Union would continue to campaign for corporate manslaughter laws that reflected its view – “Kill a worker, go to jail.”

This is the first time a chief executive from a company of POAL’s size had been charged under the Health and Safety at Work Act 2015.

Kinleith mill closure shows need for industrial strategy

Source: Council of Trade Unions – CTU

NZCTU Te Kauae Kaimahi President Richard Wagstaff is calling on the Government to deliver an economic and industrial strategy for regional manufacturing, rather than just expressing sympathy for job losses, following the announced closure of Kinleith mill in Tokoroa.

“The closure Kinleith mill in Tokoroa is not just devastating for the 230 workers and their families, it is another major blow to regional manufacturing in Aotearoa New Zealand,” said Wagstaff.

“Over the last several months we have seen significant job losses in the regional manufacturing sector, with worksites closing around the country.

“The Government’s failure to step in and protect these communities demonstrates their lack of concern for regional New Zealand and the care for workers and their whānau.

“This is not about crudely subsidising and giving handouts to particular companies, it’s about putting forward an economic and industrial strategy that supports industries and regions to protect and generate good jobs and create full employment for working people.

“What’s needed is a government that is willing to show leadership on economic development by working with industry and unions to deliver good work and high living standards for all.

“Workers also deserve active support when they lose their jobs, not just sympathy. That’s why for years we have been calling on successive governments to adopt a social insurance scheme that would protect workers through redundancy.

“We haven’t seen ministers lift a finger for any of the workers who lost their jobs in this sector, and yet they will support landlords and higher income earners with billions of dollars’ worth of tax cuts.

“Unless the Government responds to the pain that regional communities are experiencing with active industrial policy, we are going to continue to see the loss of more and more manufacturing jobs in this country,” said Wagstaff.

Uniformed Defence Force should not be used as strike breakers

Source: Council of Trade Unions – CTU

NZCTU Te Kauae Kaimahi President Richard Wagstaff is criticising the Defence Minister Judith Collins for deploying the military as strike breakers against their own people.

“In a modern liberal democracy, any deployment of the armed forces in employment relations is a drastic step, and should be avoided at all costs,” said Wagstaff.

“The first thing a responsible employer and Minister should do is make a reasonable offer in good faith to settle the collective agreement. That has not occurred and right now seems to be the last thing they want to do.

“To so easily bring out the military against their own people – the civilian defence force – is reckless and will do nothing to build organisational cohesion and commitment.

“NZDF civilian staff represented by their union, the PSA, don’t expect to come under attack just because they want to settle their collective agreement and have taken lawful industrial action in support of their modest claims.

“But NZDF don’t appear to want to settle, if they did, they would make a reasonable offer – not the current offer of 0% which is not reasonable.

“It’s alarming that the Minster opted to take this course of action, instead of urging the NZDF to turn up at the bargaining table with real intent to settle.

“This Government is at war with an imaginary enemy they call the ‘back office’, when they should understand that any capable military force, like other industries, depends on the support of hard-working civilians who provide the foundation for operational success.

“The real enemy of the defence force and public services in general is not the back office, it’s under investment, low morale and poor leadership from this Government.

“The Minister should be supporting those who job it is to support the military, by pressing NZDF into getting an agreement with the PSA,” said Wagstaff.

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.

International eyes on Cook Strait Ferry fiasco

Source: Maritime Union of New Zealand

The International Transport Workers’ Federation (ITF) Ferry Taskforce is backing the call for the new Interislander ferries to be publicly-owned and rail-enabled.

ITF Ferry Taskforce Chair Ronny Øksnes is in New Zealand to attend the Maritime Union of New Zealand national conference in Wellington.

Mr Øksnes says any decision to privatise the service or take rail from the Cook Strait would endanger Aotearoa’s economic and climate future. 

“We have seen the impact of privatisation of this kind of lifeline service elsewhere in the world and it has inevitably come at great cost to freight customers and to the public.

“Just as significant is the threat that this would pose to rail in Aotearoa New Zealand. Rail produces 70% fewer emissions than road freight and losing that would make it harder to meet international climate obligations.

“There’s also the added cost and risk to any export company that uses rail as part of its domestic supply chain, as the total carbon content of imported goods is becoming more and more important to international consumers.

“The rest of the world is taking carbon out of their supply chains, so putting more in would be a backward step for Aotearoa New Zealand’s exporters.

ITF Maritime Policy Adviser Sadie Saunders, also in New Zealand this week, says “We understand the New Zealand government is concerned about cost, however transport infrastructure is a long term investment that ensures good jobs and efficient supply chains. These are projects that should be measured across decades and in the context of the whole economy.

“This is why we are supporting our Aotearoa New Zealand affiliate members’ calls for new ferries to be publicly owned and rail enabled.”

The International Transport Workers’ Federation (ITF) is a democratic, affiliate-led federation recognised as the world’s leading transport authority. It represents, and is democratically guided by, 16.5 million transport workers internationally.