Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes the observations by the New Zealand Council of Trade Unions (NZCTU) and by Business New Zealand (Business NZ) attached to the Government’s report.

Article 1(1)(b) of the Convention. Persons with disabilities. The Committee recalls the information provided by the NZCTU regarding the structural impediments, especially lack of accessible public transport preventing or making it difficult for persons with disabilities to obtain and continue employment. It notes the observations by the NZCTU that the accessible journey policy initiative to improve access to public transport for people with disabilities is yet to be fully implemented; some recent funding changes to services and equipment have created additional difficulties for some people with disabilities. The NZCTU also indicates that barriers to employment of persons with disabilities include employer attitudes and concerns that a job or workplace may need costly modifications to enable work to be undertaken. In response, the Government indicates that Work and Income provides a range of assistance designed to support workers with disabilities to enter and re-enter employment or undertake training, and that the Employers’ Disability Network, a non-profit organization for which the Ministry of Social Development provides secretariat support, assists employers with building skills including to recruit and retain persons with disabilities as employees. The Committee also notes Business NZ’s indication that it has for many years promoted the employment of people with disabilities among its members, and that a Business NZ representative sits on the Council of “Workbridge”, which is an organization engaged in finding jobs for disabled people. The Committee asks the Government to provide information on the implementation of the New Zealand Disability Strategy, and the activities by Work and Income and the Employers’ Disability Network, as well as the results achieved. The Committee would also welcome further information on the initiatives of Business NZ, including in the context of “Workbridge” to promote the employment of people with disabilities.

Lesbian, gay, bisexual and transgender people. The Committee recalls the findings of the Human Rights Commission (HRC) inquiry, which indicate employment discrimination as the most common form of discrimination experienced by transgender people, as well as a number of recommendations made by the HRC inquiry. It notes the information provided by the NZCTU that, between 2005 and 2009, lesbian, gay and bisexual people approached the Human Rights Commission about more than 270 human rights issues, including discrimination in employment. The NZCTU also refers to the concern raised with the HRC in community consultations on the lack of Government data collection relating to lesbian, gay, bisexual and transgender (LGBT) and intersex people in the five-yearly census and in other government surveys. The Committee asks the Government to provide information concerning discrimination against LGBT and intersex people and any action taken to follow up on the recommendations made by the HRC inquiry. It also asks the Government to provide information on any measures taken to collect and analyse information including with regard to equal opportunity and treatment in employment and occupation, with respect to LGBT and intersex people.

Articles 2 and 3. Promoting equality with respect to race, colour and national extraction. The Committee recalls its previous comments regarding employer prejudices and stereotypical attitudes vis-à-vis migrants and ethnic minorities inhibiting their access to employment. It notes the observations by the NZCTU that, while there is some assistance for new migrants to move into work, more could be done to reduce new migrant unemployment; complaints by migrants included not being paid holiday pay, being told they had lesser rights, or were not entitled to days off; support services for migrants are not as readily available in small towns as in urban centres. The NZCTU also indicates that a number of tertiary education programmes, which were specifically geared towards helping new migrants improve their chances of work placement, were terminated by budget cuts in 2009 and 2010. The NZCTU also raises wider concerns regarding the effect of the Government’s economic policies on the application of the Convention. The Committee also notes that according to Business NZ the problems faced by many immigrants arise from the lack of recognition of overseas qualifications, and this is an area where real solutions are required. The Government indicates that the Department of Labour is searching for a response to the exploitation of vulnerable migrants while gathering further information on the nature and extent of the issue, and that it still provides free foundation-level education for refugees and migrants. The Committee once again asks the Government to undertake the necessary measures aimed at addressing employer prejudices and employer stereotypical attitudes vis-à-vis migrants and ethnic minorities. It also asks the Government to provide information on the specific measures taken to ensure that migrant workers are not discriminated against on the grounds of race, colour and national extraction, and to ensure equal access to employment and occupation for them. Further, please provide information on the education and vocational programmes provided for them and the results achieved. The Committee also asks the Government to ensure that previous action taken and progress made in addressing discrimination and promoting equality of opportunity and treatment will not be adversely affected by the austerity measures, and asks the Government to provide information in this regard.

Achieving equality in the public service. The Committee recalls the vertical occupational segregation of Maori and Pacific Island people in the public service, and that the State Service Commission (SSC) developed its “Equality and Diversity: New Zealand Public Service Equal Employment Opportunity Policy”, which took effect from April 2008. The Committee further notes that statistics from 2009 indicate an ethnic pay gap in the public service for Maori, Pacific Island people and Asians of 9, 18 and 9 per cent, respectively. The Committee asks the Government to continue to provide information on the SSC’s monitoring of equal employment opportunities for Maori, women, ethnic and minority groups and people with disabilities and the outcome thereof, as well as on the activities undertaken under the equality and diversity policy to address occupational segregation in the public service.

General measures to promote equality of opportunity and treatment between men and women. The Committee recalls its previous comments regarding the barriers faced by women relating to their family responsibilities in seeking to return to work at the same level or to access posts of responsibility. It notes the adoption of Parental Leave and Employment Protection (Rate of Parental Leave Payment) Regulations 2011. It also notes the Government’s indication that, while there is no plan to ratify the Workers with Family Responsibilities Convention, 1981 (No. 156), parental leave legislation gives both parents increased flexibility and choice in balancing their work and family lives, and helps to achieve equality in the workplace. The Committee asks the Government to indicate more specifically whether the measures aimed at facilitating the reintegration of women with family responsibilities in the labour market have helped them to return to work at the same level or to access posts of responsibility.

Collective agreements and workplace initiatives. The Committee notes that 14.32 per cent of 1,392 collective agreements covering 152,309 employees, which came into force between 1 January 2008 and 31 December 2010, contained equal employment opportunities (EEO) provisions; 1.6 per cent of them contained explicit provisions relating to Maori, and 24.17 per cent of them contained culturally sensitive bereavement leave provisions. The Committee asks the Government to provide information on any measures taken to increase the inclusion of EEO provisions concerning Maori and other ethnic minorities, and to continue to monitor the progress of including EEO provisions in workplace policies and collective agreements. Please also provide information on the results achieved by the application of EEO policies and collective agreements for improving equality of opportunity and treatment in employment and occupation.

Enforcement. The Committee notes concerns raised by the NZCTU that section 67A of the Employment Relations Act, which was introduced in 2009, a 90 day probation period for new employees at companies with fewer than 20 employees, may be used to dismiss employees for personal reasons unrelated to their employment performance, and the employee may not raise a personal grievance on the grounds of unjustified dismissal. In response, the Government indicates that such employees are entitled to raise a personal grievance on the grounds of sexual or racial harassment, discrimination or unjustified disadvantage. The Committee asks the Government to provide information on the cases concerning discrimination dealt with by the courts, including those filed by employees on a 90-day probation period, including the grounds of discrimination addressed, and the remedies provided.