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2008: Employment & Workplace Relations Policy
EXPANDING JOB OPPORTUNITIES, LETTING BUSINESSES GROW
National believes employment law should treat all parties fairly. It should:
• Protect employees and employers.
• Expand job opportunities for those having difficulty getting work – like young, inexperienced people or new immigrants.
• Increase flexibility.
• Let businesses grow.
OUR PRINCIPLES
• A globally competitive economy.
• Building opportunity for all.
• Encouraging ambition.
OUR PLAN
1. 90-Day Trial Period
Introduce a 90-day trial period for new employees by agreement between the employer and the employee, for businesses with fewer than 20 staff. During the trial period, either party may terminate the employment relationship for performance, without a personal grievance claim being brought. Good-faith provisions will still apply, as will rights to sick leave, holidays, and health and safety provisions. Rules of natural justice and human rights legislation will apply. Mediation will be available in disputes, and
employers won’t be able to hire and fire the same employee every 90 days.
2. Unions and Collective Bargaining
• Continue to allow union access to workplaces with the employer’s consent, which cannot be unreasonably withheld.
• Continue to support the social partnership with Business NZ and the CTU.
• Restore workers’ rights to bargain collectively without having to belong to a union.
3. Dispute Resolution
• Retain the Mediation Service but ensure it is properly resourced with properly qualified mediators. • Require the Employment Relations Authority to act judicially in accordance with the principles of natural justice, including the right to be heard, and the right to cross-examine before an impartial referee.
• Allow injunctions and important questions of law to be heard in the first instance in the Employment Court.
• Allow a right of appeal to the Court of Appeal.
4. Annual Leave
Keep four weeks annual leave, but allow employees to request trade of the fourth week for cash. This can be only at the employee’s request and can’t be raised in negotiations for an agreement.
5. Holidays Legislation
Appoint a working party to review the Holidays Act, especially the issue of relevant daily pay.
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