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Statutes destory workers’ basic rights

Workers throughout New Zealand protested (on October 20) over two National Government Bills currently before Parliament because they will affect every wage and salary earner and job seeker.

The first is the Employment Relations Amendment Bill (No 2), which would remove the right to appeal against unfair dismissal in the first 90 days for all wage and salary earners, irrespective of the size of the workplace.

The Bill weakens protection against a fair process when workers are unfairly dismissed and makes it harder for them to have access to union advice when needed.

The second is the Holidays Amendment Bill, which will enable the fourth weeks’ holiday to be traded for cash and medical certificates for every sick day, along with other changes.

These two bills come on top of the rolling back of the law on rest and meal breaks, GST increases, higher costs for power, early childhood education and ACC and higher unemployment.

The Government argues that removing the right to challenge unfair dismissal is good for workers who are finding it hard to get a job and they often cite migrants as an example.

But the Government’s own research does not support this statement.

A recent Labour Department Report on the ’90-Day No Rights Trial’ period for workplaces of 20 or less introduced by the Government under urgency in December 2009 showed that almost no Asian, Pasfika or Maori workers were employed under this scheme.

In fact, the Labour Department Survey found that far from employers giving workers a chance at a job, 22% of the workers had the humiliating experience of being fired without any reason in the first three months.

Up to 700,000 workers change jobs each year. If the Government is able to extend the 90-day trial periods to all workers, every one of them will face the threat of being dismissed in the first 90 days, without any reason given and without any rights for the worker to challenge that reason.

None of the changes in these National Government Bills will contribute to building a stronger economy, to better jobs and higher incomes. None of them will help close the wage gap with Australia, which this Government repeatedly says is their aim.

National is desperate to show they are doing something when in reality, we know that they have no plan.

But removing the fundamental rights of workers to protection from unfair dismissal and weakening holiday, sick leave and meals and rest breaks is not a plan for growth and jobs. It undermines further employment security for Kiwis when unemployment is already high and growing.

Labour is strongly opposed to these bills because they are unfair, unjustified and unwanted by the vast majority of New Zealanders.

Darien Fenton is Member of Parliament on Labour List and the Party’s Associate Spokesperson for Labour. Many readers may not be aware that she had lived in India, taught children and acted in Bollywood films.

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