Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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) submitted by the Government with its report, and the Government’s reply thereon.

Article 1(1)(b) of the Convention. Persons with disabilities. The Committee notes the information provided by the Government on the implementation of the New Zealand Disability Strategy through the Disability Action Plan (2012–14), and on the number of persons with disabilities who benefited from measures regarding open paid employment, and assistance to overcome barriers to employment and training. The Committee also notes that the Mainstream Employment Programme provides a package of wage and training subsidies to help those with significant disabilities gain skills and obtain work. The Committee notes that Business NZ reaffirms its involvement in promoting the employment of persons with disabilities, including through its participation in “Workbridge”. The NZCTU, however, expresses concerns at the lack of progress made and at the negative impact of the Minimum Wage Exemption Permits. The Committee requests the Government to continue to provide information on the results achieved by the Disability Strategy and Action Plan to improve the employment situation of persons with disabilities, as well as information on any improvements made to the various strategies and plans to improve the employment and skills levels of these workers. The Committee also requests the Government to indicate whether any consideration has been given to assessing the impact of the Minimum Wage Exemption Permits on the protection of the rights of workers with disabilities with respect to minimum wages.

Articles 2 and 3. Promoting equality with respect to race, colour and national extraction. The Committee notes the range of measures introduced by the Government to provide support for migrant workers in employment and occupation, including an information toolkit published by the Ministry of Business, Innovation and Employment to help employers support and retain their migrant employees. Two sector-specific guides have also been developed for dairy farm employers and migrant dairy workers in response to concerns regarding the welfare of the latter. The Government also indicates that the Office of Ethnic Affairs conducts an intercultural awareness and communication training programme designed to teach participants effective intercultural communication in the workplace, and published a booklet containing strategies to help New Zealand organizations integrate intercultural awareness and communication into their businesses. With regard to cases of discrimination, the Government states that the Ministry of Business, Innovation and Employment is committed to investigating claims that migrant workers are being exploited and underpaid by small-business owners, and indicates that in December 2012 five people were arrested and charged in relation to exploiting migrant workers. The Committee requests the Government to provide information on the results and impact of measures taken to address employer prejudices against migrants and ethnic minorities, including through guides and awareness-raising programmes. The Committee also requests the Government to continue to provide information on any complaints brought by migrant workers to, and handled by, the competent authorities relating to discrimination based on race, colour or national extraction. The Committee further requests the Government to provide information on any progress made on the issue raised by Business NZ in its previous comments that problems faced by many migrants arise from lack of recognition of overseas qualifications.

Achieving equality in the public service. The Committee notes the Government’s statement that legislation in the state sector requires employers to operate a personnel policy that complies with the principle of being a good employer, which includes promoting an equal employment opportunities (EEO) programme. The Committee notes that pursuant to section 56 of the State Sector Act, as amended, the policy includes, inter alia, recognition of the aims and aspirations and employment requirements of Maori and other ethnic and minority groups, and recognition of the employment requirements of women and persons with disabilities. The Committee notes that, in 2013, Maori, Pacific Island people and Asians represented 14.1 per cent, 7 per cent and 11.1 per cent, respectively, of the total population (statistics New Zealand 2013 census). The Committee notes that according to the Human Resources Capability (HRC) Survey, which monitors diversity across the public service, in 2012 Maori, Pacific Island people and Asians only represented 9.6 per cent, 1.7 per cent and 2.6 per cent of senior leadership in the public service respectively; Maori, Pacific Island people and Asians represented 16.4 per cent, 8 per cent and 7 per cent, respectively, in the public service. The Committee further notes that women constituted 42.1 per cent of senior leadership positions in the public service. The Committee requests the Government to continue to provide information, including statistics, on the progress made in improving equal employment opportunities for women, Maori, Pacific Island people, and Asians in the public service. Please provide information on the outcomes of the Civil Service Commission’s “Equality and Diversity: New Zealand Public Service Equal Employment Opportunity Policy”, which took effect in April 2008, including information on measures taken to address vertical occupational segregation with regard to ethnicity and gender in the public service.

Measures to promote equality of opportunity and treatment between men and women. The Committee notes the Government’s statement that the Parental Leave and Employment Protection (Rate of Parental Leave) Regulations 2011 has been effective in terms of increasing flexibility and choice for mothers and facilitating their return to work. It notes however that the NZCTU draws attention to the low take-up rates of paid parental leave and evidence from a government review indicating that mothers are returning to work early because of financial hardship. The Committee further notes that the Parental Leave and Employment Protection (Six Months’ Paid Leave) Amendment Bill is currently awaiting a third reading in Parliament, but that, according to the NZCTU, the Government indicated an intention to veto the Bill on the ground that it is not financially affordable. Noting that the information provided by the Government and the NZCTU relates to research carried out in 2007 and 2008, the Committee requests the Government to provide recent information on whether the measures aimed at facilitating the reintegration of women with family responsibilities into the labour market have helped them to return to work at the same level or to access posts of responsibility. Please provide information on the status of the Parental Leave and Employment Protection (Six Months’ Paid Leave) Amendment Bill.

Collective agreements and workplace initiatives. The Committee reiterates its request to the Government to provide information on the progress made in including EEO provisions concerning Maori and other ethnic minorities in workplace policies in the private sector and collective agreements, and the results achieved by the application of EEO policies and collective agreements for improving equality of opportunity and treatment in employment in the private sector.

Enforcement. Regarding the impact of section 67A of the Employment Relations Act providing for the possibility of having a 90-day probation period for new employees in undertakings with fewer than 20 employees, the Committee notes that the NZCTU, referring to a review undertaken by the Ministry of Business, Innovation and Employment of the use of trial periods, indicates that recent migrants had the highest likelihood of starting on a trial period (51 per cent), followed by those who had been in the country for five to ten years (41 per cent) and those born in New Zealand (34 per cent); the NZCTU asks the Government to undertake more detailed research in this regard. The Committee notes from the Government’s report that, during the period from 1 June 2010 to 31 May 2013, there were 28 determinations or judgments of the Employment Relations Authority and the courts relating to discrimination. Of these cases, four dealt with race and two with ethnic or national origin, two dealt with discrimination based on sex and one dealt with religious and ethical belief; one dealt with age. The Committee notes the statement of Business NZ that the number of discrimination cases dealt with each year is relatively small compared with the number of overall complaints heard by the Employment Relations Authority. The Committee requests the Government to continue to provide information on cases concerning discrimination dealt with by the courts, and particularly cases which were filed by employees on a 90-day probation period. Please also provide information on any further research undertaken regarding the use of probation periods and their impact on migrant workers leading to discrimination on the grounds of race, colour or national extraction.