Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - New Zealand (Ratification: 1983)

In its previous observations under Conventions Nos. 100 and 111, the Committee noted that the Government had agreed in principle to the enactment of an Employment Equity Act which would incorporate the concepts of pay equity and of equal employment opportunity in the public and private sectors. The Committee notes that the Employment Equity Act, 1990 came into force on 1 October 1990 but was repealed in December 1990. According to information communicated by the Government, action to repeal the legislation was taken because the Government did not consider that greater equity in employment opportunity would be achieved through the highly prescriptive and centralised procedures put into place by the Act. The Committee also notes the comments communicated by the New Zealand Employers' Federation prior to the repeal of the Act. The Federation stated that the legislation, which allowed for a comparison of jobs in different employing organisations with different employers involved and which provided for third-party decisions as to the wages subsequently payable, would inevitably have an inflationary outcome and result in job loss, thereby having an adverse effect on those it was intended to assist. The Federation also stated that, though it had been a long-time supporter and promoter of equal opportunity on a voluntary basis, it was most concerned that the kind of target setting envisaged under the legislation would lead to tokenism and appointments made on grounds other than merit.

The Committee notes that, following the repeal of the Employment Equity Act, the Government established a Working Party on Equity in Employment to evaluate equal employment opportunities initiatives and report to the Government on the most effective means of developing and implementing its equity in employment policy. The Working Party's report, which was submitted in January 1991, included recommendations in the areas of systemic barriers to, and programmes for equal employment opportunities, education and child care. The Working Party also discussed equal employment opportunities for Maori and Pacific Island peoples and for people with disabilities. Key recommendations concerned the proposed enactment of legislation requiring employers to develop, implement and monitor equal employment opportunities programmes; and the establishment of a Council for Equity in Employment funded jointly by the Government and the private sector. The Government says it is considering the recommendations of the Working Party prior to releasing details of its equity in employment policy.

The Committee hopes that the Government will adopt further measures concerning the policy on equality in employment, pursuant to the report of the above-mentioned Working Party, and requests the Government to furnish details concerning the implementation and results of such measures.