While New Zealand law covers women, trans people and discrimination on cultural grounds, in practice there are still a number of barriers with regard to people belonging to these socio-economic groups. The results of the Commission on Human Rights` implementation of the Survey on Discrimination Suffered by Transgender Persons in 2008 showed that the majority of comments submitted describing a form of discrimination focused on the field of employment. [8] Four out of five submissions described examples of discrimination ranging from workplace harassment to malignant assault and sexual abuse. [9] In 2010, the Centre for Applied Cross-cultural Research at Victoria University published a meta-analysis of all research on discrimination against Asian New Zealanders. The results revealed that Asians were significantly discriminated against both at work and when applying for a job, and had higher rates of unemployment and underemployment than other ethnic groups. [10] This guide provides information about your minimum vacation and vacation rights. The ERA recognises the inherent imbalance in employment power and therefore actively encourages trade union activity and collective bargaining with employers. Article 110 of the Emergencies Act prohibits employers from discriminating against employees for their participation (or non-participation) in a trade union or other workers` organization. The Emergencies Act recognizes that there is an “inherent inequality of power in employment relationships” and encourages collective bargaining (section 3) to close the power gap between employers and employees.
Article 12 also recognizes “the role of trade unions in promoting the collective employment interests of their members”. Other important recognitions included in the Act are:[4] Barriers to employment and promotion, as well as equal employment opportunities, remain one of the main problems faced by Maori and Pacific peoples in all professions. The Ministry of Development`s Social Report 2010 assessed the social and economic well-being of New Zealanders using a number of indicators. Higher unemployment rates were observed among youth, Maori, Pacific peoples and other ethnic groups, and lower median hourly wage rates for the same groups compared to Pakeha/European groups. [28] This was consistent with the findings of previous years. [28] The report also found that 14% of the population lives in low-income households. Since 2001, the annual social report issued by the Ministry of Social Development has reported an improvement in unemployment and employment rates and in the performance of Maori in terms of socio-economic outcomes for Maori. Despite these improvements, the average performance of Maori tends to be worse than that of the general population, and median hourly wages, job dispersion, leadership and workers` compensation rights. [29] Despite improvements over the past decade, these gaps have widened due to the economic recession that began in late 2008.
In particular, unemployment rates have increased and are higher among Maori than among non-Maori. Maori youth unemployment is one of the highest rates of any group in New Zealand, at 30.3% in June 2010. [30] The majority of workers in New Zealand work under open-ended employment contracts that can be terminated for cause. However, fixed-term employment contracts are permitted provided that the employer has valid reasons based on sufficient reasons and suggests that a particular employee`s employment relationship ends at the end of a certain period. Employment contracts can take many forms, including full-time, permanent, part-time, fixed-term or casual contracts. Fixed-term employment contracts are permitted provided that the employer has substantial business reasons based on an appropriate justification of the fixed-term contract and that these reasons are communicated to the employee.4 If these conditions are not met, the employer cannot rely on the fixed-term provision to terminate the employee`s employment relationship. Employees are entitled to four weeks of paid annual leave at the end of each year of employment. [16] New Zealand also has 11 annual public holidays, and an employee is entitled to these non-working days against payment if they are days on which the employee would normally work. [17] If an employee works on a statutory holiday, he or she must be paid at least one and a half times for the hours worked and is also entitled to other paid leave. After 6 months of employment, an employee is entitled to 5 days of paid leave and paid bereavement leave. Eligibility varies from:[18] An employment contract may also contain provisions that protect the employer`s interests by other means.
These are usually confidentiality and intellectual property clauses that survive the end of the employment relationship. To comply with the legal duty of good faith, employers should consult with affected employees or unions when the employer introduces new policies or when current policies are changed. Depending on the type of business, a number of policies may be appropriate. It is important that employees know and understand all the policies that apply to them and know how to access them if they wish. It is recommended that employment contracts include a provision that ensures that employees comply with the applicable company policies, while expressly acknowledging that the policies are not contractual and may be changed by the employer at any time. There must be a good reason for your employer to take disciplinary action and they must follow a fair trial. If your employment contract does not cover disciplinary measures, your employer should still follow a fair trial. Many of the most important provisions apply after the commencement of an employment relationship.
This includes the fundamental duty to act in good faith and communicate openly. Other provisions apply on an ongoing basis, regardless of the employment relationship, and are more declarative (as in the case of trade union operations) or administrative (as in the case of the activities of the Industrial Relations Authority). Of these laws, the most important is the Industrial Relations Act 2000, which was enacted on 2 October 2000 (the “Emergencies Act”). The Emergencies Act repealed the Employment Contracts Act 1991 (the “CEC”). The European Court of Auditors attracted considerable international attention when it entered into force in 1991 and later, as it adopted a classic contractual approach to the employment relationship and was based on the assumption that employers and employees had the same bargaining power. Although opinions on the value of the Emergency Act remain divided in some sectors, the prevailing view is that the latter law introduces a much more orthodox and moderate approach to labour market regulation. Garden leave – a term that refers to a situation where the employee keeps their job, receives their full salary, but does not register for work. Learn more about important employment information – it`s free. Your employer can only deduct (withdraw) from your salary if it is legal. Eligible deductions include income tax, acc levy and KiwiSaver. Mediators can help employers and employees find their own solutions to employment problems. Labour relations are primarily subject to the ERA, which imposes a legal duty in good faith, and the parties are unable to comply with the general rights and obligations set out therein.
The ERA requires the employer to provide the employee with a written employment contract, a signed copy of which must be kept by the employer. Learn more about minimum labour rights. The information is available in different languages. The new Labour Relations (Triangular Employment) Amendment Act 2019 is now in force and provides that employees who work for a third party as an employer can assert legal claims directly against them. It also allows employers to join a controlling third party in personal grievance claims they may face. All employees, full-time, part-time, permanent, fixed-term or casual, are entitled to a copy of their employment contract (individual or collective) in written form. The employment contract must contain conditions at least as good as the minimum rights provided for by law. The ERA requires that, when a new worker is recruited by an employer who is a party to a collective agreement and the role falls under that contract, the employee`s terms and conditions for the first 30 days of employment must be the same as those of the collective agreement that would bind the employee if he or she were a member of a union. and the employer must provide the employee with information about the union. Employers and employees may agree on additional terms, but these may not be less favourable to the employee than those in the collective agreement.9 Only after the first 30 days can the employer and employee enter into an individual employment contract. The Court found that the relationship between Mr Leota, a courier driver, and Parcel Express was an employment relationship and, in particular, found that the level of control exercised over Mr Leota and his subordination to Parcel Express` commercial needs demonstrated that he did not himself carry out a commercial activity.
He also emphasized his status as a vulnerable worker, for whom English was a second language and who misunderstood the written contracts he had to sign. The main laws that apply to the labour market and employment relationship in New Zealand are as follows: Employment contracts must contain at least the names of the parties, the expected hours of work, a description of the employee`s role, a description of the place of work, the wages or salaries to be paid to the employee. and a simple explanation of the services available to resolve issues related to the employment relationship, including a reference to the 90-day time limit for filing a personal complaint.3 If your employer decides to terminate your employment relationship through termination, restructuring or termination, they must follow a formal process.
