Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee takes note of the supplementary information provided by the Government following the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of Business New Zealand and the New Zealand Council of Trade Unions (NZCTU) communicated with the Government’s reports.

Articles 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted that in 2015 a working group made up of government and union representatives developed a “Standard Policy for the Prevention and Response to Sexual Harassment in the Public Service” and that, starting from 2016, the Government was expected to collect data on the number of sexual harassment complaints as part of the annual Human Resource Capability Survey. Noting the lack of information provided on the application of the Standard Policy in the public sector, the Committee notes the Government’s indication, in its report, that the State Services Commission supplemented its Sexual Harassment Policy Guidelines with advice and guidance on unwelcome behaviour, workplace behaviours guidance and speaking up in the public service. As regards the private sector, the Government states that WorkSafe, the health and safety regulator, has developed and launched resources on its website for employers and employees on identifying and dealing with sexual harassment in the workplace. This includes advice for workers and businesses, a model sexual harassment policy as guidance for businesses, and a template for workers to report sexual harassment at the workplace. The Government adds that the Ministry for Women is working to address gender inequalities that exist around sexual violence as a matter of priority. The Committee notes that, in its observations, the NZCTU supports the provision of resources for employers and workers on harassment, but highlights the deficiencies of the current approach, suggesting in particular that WorkSafe should begin to initiate investigations in workplaces with health and safety risks arising from harassment. In that regard, the Committee notes that, in its 2018 concluding observations, the United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) expressed concern about: (1) the prevalence of harassment in high schools which disproportionally affect women and girls; (2) the high number of cases of sexual harassment in the workplace, in particular within the police, the defence force, the legal professions and the health sector; and (3) the severe underreporting of such incidents. In 2017, the Human Rights Commission received 123 complaints of unlawful discrimination alleging sexual harassment, which is a 43 per cent increase in sexual harassment complaints compared with the previous 10 years. The Committee also notes that CEDAW expressed general concern at the alarmingly high level of gender-based violence against women, with one in three women being subjected to physical or psychological violence, especially domestic and sexual violence, which disproportionally affects Maori women and women belonging to ethnic minority groups, with very low levels of reporting and a high rate of recidivism, particularly within the Maori community (CEDAW/C/NZL/CO/8, 25 July 2018, paragraphs 23, 25 and 35). The Committee notes with interest the adoption of the Domestic Violence - Victim’s Protection Act 2018 (2018 No. 21), which provides that employees who are affected by family violence now have the right to (1) take up to ten days of paid domestic violence leave each year; (2) ask for short-term flexible working arrangements; and (iii) not be treated adversely in the workplace because they might have experienced domestic violence. It further notes the Government’s statement that the definition of “violence” in the legislation is deliberately broad and includes psychological, physical, sexual or economic abuse. It notes that the NZCTU supports the introduction of domestic violence employment protections in the national legislation. The Committee asks the Government to provide information on the measures taken to address the high number of cases of sexual harassment in the workplace, with a view to preventing and addressing sexual harassment both in the private and public sectors, in particular through the application of the Standard Policy for the Prevention and Response to Sexual Harassment in the Public Service. It asks the Government to provide information on the number, nature and outcome of any complaints of sexual harassment registered at the workplaces or dealt with by the labour inspectors or the courts. The Committee further asks the Government to provide information on the application of Domestic Violence – Victim’s Protection Act 2018, including on the measures taken by employers to ensure the non-discrimination of domestic violence victims, as well as on any activity undertaken to raise awareness of the new legislation among employers, workers, and their organizations.

Articles 2 and 3. Achieving equality in the public service. The Committee previously noted that vertical occupational segregation based on ethnicity and gender persists and requested the Government to provide information on the measures implemented in the framework of the Equality and Diversity Policy with a view to promoting equal opportunities in the public service. It notes the Government’s indication that, in 2017, Public Service chief executives committed to the State Sector Diversity and Inclusion Programme (Papa Pounamu) which strives to support a public service representing all New Zealanders by embracing diversity, creating inclusive workplaces and building sustainable organization change, with a focus on women, persons with disabilities, ethnicity, culture and LGBT people. It notes that programmes of work are currently underway as part of this programme in order inter alia to increase awareness of unconscious bias and introduce diversity metrics in the public service. The Committee further notes with interest that the Public Service Act 2020 (2020 No. 40) provides for the developing and monitoring of equal employment opportunities programmes for the public service, including diversity and inclusiveness, which is defined as a programme aimed at identifying and eliminating all aspects of policies, procedures, and other institutional barriers that cause or perpetuate, or tend to cause or perpetuate, inequality with respect to the employment of a person or group of persons (sections 73 to 75). Noting that only 44 per cent of chief executives of public departments were women in June 2018, the Committee notes that the Government set a target of 50 per cent for women’s participation on public sector boards and committees to be met by 2021. The Committee welcomes this information. Regarding the ethnic composition of the public service, it notes, from the workforce data available on the Public Service Commission website, that, in 2019, Europeans remain the largest group in the public service (67.3 per cent) and the proportion of Maori and Pacific staff remains about the same (15.5 per cent and 9.2 per cent respectively), while the proportion of Asian staff is increasing (11.1 per cent). The Committee further notes that Europeans are on average paid more than other ethnicities, and that the Maori pay gap, the difference between average pay for Maori and non-Maori employees, was estimated at 9.9 per cent in 2019, while the Pacific pay gap was estimated at 20.1 per cent. Ethnic diversity amongst the chief executives comprises 90.3 per cent Europeans, 16.1 per cent Maori and 3.2 per cent Pacific peoples. The Committee notes the Government’s statement that the Office of Ethnic Communities (OEC) keeps a database of skilled New Zealanders from ethnic communities who are interested in and suitably qualified to be considered for appointment to a number of government boards, committees and advisory groups. The OEC is consulted by agencies that support the Government’s appointment of candidates to more than 400 State Sector boards and committees. The Committee notes that the OEC is also working to improve intercultural awareness in public and private organizations through its Intercultural Capability eLearning (ICE) online programme to help organizations manage an ethnically diverse workforce. The Committee asks the Government to provide information on the specific measures taken to promote equal opportunities in the public service and their impact, including in reducing vertical occupational segregation based on ethnicity and gender, in particular in the framework of the State Sector Diversity and Inclusion Programme. It further asks the Government to provide information on the number of equal employment opportunities programmes for the public service elaborated and implemented as a result of the Public Service Act 2020, and more particularly on the barriers identified as causing inequality in employment. The Committee asks the Government to continue to provide information, including statistics, on the progress made in improving equal employment opportunities for women, as well as Maori, Pacific Island and Asian peoples in the public service.

Equality of opportunity and treatment for men and women. Occupational segregation. Referring to its previous comments, the Committee notes that, following the adoption of the Parental Leave and Employment Protection Amendment Act 2017 (2017 No 45), paid parental leave has been extended from 18 to 22 weeks on 1 July 2018, with a further extension to 26 weeks on 1 July 2020. The Act also provides for “keeping in touch” hours for workers who may be away from their workplace during paid leave to be paid to come into work for up to 40 hours during their leave period in order to maintain contact with their employers. In its supplementary information, the Government indicates that short-term changes were introduced to allow some workers to go back to work temporarily during the COVID-19 outbreak, because either their skills, experience or qualifications mean that nobody else could fill the role, or there was unusually high demand for workers in a particular role, without losing their remaining entitlement to parental leave. In its observations, Business New Zealand commended the Government for its decisions to allow essential workers to return to work without foregoing any remaining parental leave entitlement. The Committee notes that the NZCTU supports the extension of the paid parental leave, while considering that additional reforms of the parental leave should be considered in order to ensure (1) further extension of the duration of paid parental leave, as well as (2) a fairer distribution of family responsibilities between men and women and facilitate the reconciliation between family and work obligations. The Committee notes that, according to the 2020 Global Gender Gap Report of the World Economic Forum, the labour force participation rate of women was 76.4 per cent (compared to 85.8 per cent for men), with a high proportion of women employed part-time (31.7 per cent compared to 11.6 per cent for men) or doing unpaid work (18.06 per cent compared to 10.56 per cent for men). It further notes, from the statistical information provided by the Government, that while women comprise the majority of civil servants (70 per cent in 2018), only 44 per cent of chief executives of public departments were women in June 2018. As regards the private sector, the Committee notes that the representation of women in leadership roles and boards remains much lower, as only 19 per cent of directors of companies listed on the New Zealand Stock Exchange Main Board are women and 56 per cent of enterprises have no women in senior roles. It further notes, from the 2019 Government’s report under the national-level review of implementation of the Beijing Declaration, that women are still under-represented in science, technology, engineering and mathematics (STEM), information and communication technology (ICT), and construction and trades industries. While women are gaining qualifications at a higher rate than men, their skills are not being translated into greater career and development opportunities, as 47 per cent of women work in occupations that are at least 70 per cent dominated by their own gender. In Business New Zealand’s view, the choices made by women for certain areas of study or apprenticeships may also reflect their personal preference. As regards vocational training, the Committee notes the Government’s indication that while the number of female industry trainees increased from 40,733 in 2014 to 50,900 in 2017, their proportion remains relatively static over the last five years (35 per cent in 2017). The proportion of female apprentices also remained relatively static between 2013 (11 per cent) and 2017 (12 per cent). The Committee further notes that, in its concluding observations, the CEDAW expressed specific concern about (1) the limited access to secondary and tertiary education for many girls and women living in rural areas; (2) the increasing rate of girls who drop out of school, including as a result of teenage pregnancy; and (3) the fact that women and girls are concentrated in traditionally female-dominated fields of study and under-represented in science and technology (CEDAW/C/NZL/CO/8, 25 July 2018, paragraph 31). The Committee asks the Government to provide information on the measures taken to promote equality of treatment and opportunity between men and women, and on the results of such measures, in particular on vertical and horizontal occupational gender segregation, by enhancing women’s access to a wider range of jobs and to jobs at higher levels, in particular in sectors where women are less represented such as in STEM, ICT, construction and trade industries. It further asks the Government to provide information on any evaluation undertaken of the Parental Leave and Employment Protection Amendment Act 2017 and its impact on ensuring equality of opportunity and treatment between men and women, as well as on any other measures adopted to promote the reconciliation of family and work obligations and address any stereotyped assumptions that the main responsibility for family care lies with women. The Committee asks the Government to continue to provide statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions.

Promoting equality with respect to race, colour and national extraction. Maori and Pacific Island people. The Committee previously noted the various initiatives undertaken to improve the educational and skills levels and the employment situation of Maori and Pacific Island people. It notes the Government’s indication, in its report, that new goals areas were developed in 2017, under the He kai kei aku ringa (HKKAR) Strategy to 2040 to support Maori economic development, focusing on employment; supporting Maori youth to define and lead their economic aspirations; growing Maori enterprises; increasing Maori participation in regional economies and upskilling the Maori workforce. The Government however indicates that there has been no evaluation or monitoring of the HKKAR since the 2017 refresh. It adds that key initiatives were implemented to support a step change in the Pacific economy focusing mainly on youth education and training, encouraging their participation in STEM, as well as supporting Pacific enterprises and providing employment opportunities in the public sector. The Committee notes, from the statistical information provided by the Government, that during 2018, there were 137,785 funded trainees participating in industry training, of which 17.72 per cent were Maori and 8.4 per cent were Pacific Island people. It also notes that the number of funded New Zealand apprentices participating in industry training increased from 25,238 in 2015 to 50,475 in 2018, of which 16.2 per cent were Maori and 6.1 per cent were Pacific Island people. However, Maori students have the lowest proportion of students remaining at school until 17 years old (71.9 per cent), compared to Pacific Island People (82.9 per cent) and European (84.9 per cent). The Committee further notes that the unemployment rate among Maori and Pacific Island People is approximately twice as high as the general employment rate (8.7 per cent and 8.1 per cent respectively, compared to 4.3 per cent at national level). It notes that, in Business New Zealand’s view, it needs to be recognized that any lack of employment opportunities for Maori is directly related to a lack of educational achievement rather than to employment discrimination. In that regard, the Committee notes that a new Employment Strategy was launched in August 2019, under which specific actions plans to improve employment outcomes inter alia for Maori and Pacific Island people will be developed in a near future.

In its supplementary information, the Government indicates that young people are expected to be hit hard by the impacts of COVID-19, particularly young Maori, and that to that end supplementary budget was allocated to the He Poutama Rangatahi (HPR) Programme which aims at helping young people who are currently not in education, employment or training to find work. The Committee welcomes this information. The Committee also notes that, in their recent concluding observations, several United Nations (UN) treaty bodies expressed concern about : (i) persistent disparities in the enjoyment of the right to education, whereby Maori and Pacific Island students, notably at secondary school and university levels, achieve lower outcomes than those of European background and experience higher rates of stigma at schools; (ii) persistent discrimination against Maori and Pacific Island people, in particular women, in employment; (iii) the under-representation of Maori and Pacific Island people in the top three tiers of public service management; and (iv) the high numbers of youth, particularly among Maori and Pacific Island people, who are not in employment, education or training (CEDAW/C/NZL/CO/8, 25 July 2018, paragraph 33; E/C.12/NZL/CO/4, 1 May 2018, paragraphs 27 and 48; and CERD/C/NZL/CO/21-22, 22 September 2017, paragraph 29). The Committee notes that, in the framework of the Universal Periodic Review (UPR), in 2019, the UN Human Rights Council specifically recommended to address discrimination in employment and improve access to education and employment for Maori and Pacific Island people, in particular women (A/HRC/41/4, 1 April 2019, paragraph 122). The Committee asks the Government to pursue its efforts to enhance Maori and Pacific Island People’s economic empowerment and access to training and employment, in particular in the framework of any targeted action plan elaborated under the new Employment Strategy. It also asks the Government to provide information on the implementation of the other ongoing programmes and initiatives, such as the He kai kei aku ringa Strategy and the He Poutama Rangatahi Programmme, as well as on their results and any assessment made. Finally, the Committee asks the Government to continue to provide statistical information on the participation and completion rates of men and women Maori and Pacific Island people in vocational training and education, and their participation rates in employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors.

Collective agreements and workplace initiatives. Referring to its previous comments, the Committee notes the Government’s repeated indication that no information is available on the progress made in including equal employment opportunities provisions for Maori and other ethnic minorities in workplace policies in the private sector and in collective agreements. The Committee again encourages the Government to undertake an assessment of the rates of inclusion of equal employment opportunities provisions concerning Maori and other ethnic minorities in workplace policies in the private sector and in collective agreements, and the results achieved in improving equality of opportunity and treatment in employment in the private sector. It again asks the Government to provide any available information in that regard.

Migrant workers. The Committee previously noted that the New Zealand Migrant Settlement and Integration Strategy, adopted in 2014, encompasses employment, education and training as specific outcome areas with dedicated success indicators and requested the Government to provide information on the implementation of the strategy, as well as on the other measures and programmes aimed at promoting equality of opportunity and treatment for migrant men and women. The Committee notes the Government’s indication that the Ministry of Business, Innovation and Employment (MBIE), which is responsible for the cross-government implementation of the strategy, undertook several measures to raise awareness of migrant workers about their employment rights, including by disseminating guides into 14 languages; undertaking multi-language campaigns targeting both migrant employees and employers in ethnic media; and offering an hotline for migrant workers available in 40 languages. Furthermore, several initiatives are being implemented to enhance migrant workers’ access to employment, such as regional skills matching and career management programmes. The Committee notes, from the 2017 report on the strategy, that, in 2016, 80 per cent of employed principal applicants reported that their current job matched their skills and qualifications (compared to 84 per cent in 2014), while the proportion of employed secondary applicants is much lower in comparison but has improved over the last year (61 per cent in 2014). Furthermore, the employment rate of recent migrants has continued to show an increasing trend, being now higher than that of the New Zealand born population. However, the proportion of recent migrants who reported that they had experienced discrimination increased from 18 per cent in 2014 to 26 per cent in 2016 (compared to 17 per cent for the total New Zealand population). The Committee notes that, in Business New Zealand’s view, with an increasingly multi-cultural society, most employers are now very much aware that acting in a discriminatory way is more likely to harm their organizations than to enhance them. Referring to its previous comments regarding the exploitation of migrant workers where it noted the adoption of the Migrant Exploitation Prevention Strategy, the Committee welcomes the Government’s indication that several measures have been implemented to combat migrant exploitation, such as: (1) the conversion of post-study work visas into open work visa to reduce the exploitation of international students; (2) an amendment to immigration instructions providing that, from 1 April 2017, as a consequence of not having complied with employment standards, employers that receive a penalty or infringement notice for a breach would face a set stand-down period from 6 to 24 months during which they are unable to support a visa application. As at May 2018, 108 employees had been placed on the published stand-down list since it was introduced; and (3) an in depth-policy and operational review, undertaken by the MBIE, in collaboration with a consultation group representing migrants, enterprises, unions and international students, to better understand the nature of temporary migrant worker exploitation, including international students, and identify possible solutions.

In its supplementary information, the Government adds that major changes to the way employers recruit migrants for temporary work will be implemented mid-2021. The new framework will replace six existing types of temporary work visas and will have three steps – employer check, job check and migrant check. All employers will ultimately need to be accredited before they can recruit foreign workers. Sector agreements are intended to be introduced to facilitate access to lower-skilled migrants, in return for reducing reliance on their migrant workforce over time, though this is currently paused as a result of COVID-19 impacting on workforce planning. Industries with a high reliance on migrant workers have been identified for initial negotiations – aged residential care, red meat processing, dairy, forestry, road freight, transport, and tourism and hospitality. The Government adds that additional funding was allocated to address temporary migrant workers exploitation as it is estimated that there is an increased risk for migrant workers in the COVID-19 environment. This funding will support changes aimed at establishing (1) a dedicated system to report exploitation; (2) a new visa to support exploited migrant workers to safely leave their employment situation without jeopardizing their visa status; as well as (3) an information and education action plan to ensure that migrant workers and employers understand their rights and obligations, including how to report exploitation. The Government adds that combating migrant exploitation in the workplace is a priority area for the Labour Inspectorate. The Committee notes NZCTU’s indication that, alongside with representatives of Business New Zealand and the migrant community, it participated in the consultations for the Temporary Migrant Workers Exploitations Review where a consensus was reached in recognizing the importance of ending migrant exploitations and broadly supported the above-referred measures. The NZCTU adds that, while it supported the proposed Temporary Work Visa changes, further work will be needed to promote full employment in decent and meaningful work for all, including temporary migrant workers and to ensure employer accreditation is robust and allows full opportunities for consultation with relevant unions. The Committee welcomes the initiatives undertaken by the Government, in collaboration with social partners and migrant workers. With reference to the recognition of overseas qualifications, the Committee notes the Government’s statement that there have been no material developments on this issue. Welcoming the initiatives undertaken by the Government, the Committee asks the Government to pursue its efforts to promote equality of opportunity and treatment for migrant men and women, in particular by combating exploitation of migrant workers and international students. It asks the Government to continue to provide information on the impact of any relevant measures and programmes implemented to that end, in particular in the framework of the Migrant Settlement and Integration Strategy, the Migrant Exploitation Prevention Strategy and the Temporary Work Visa changes, as well as on any developments concerning the recognition of overseas qualifications. The Committee asks the Government to provide information on any complaints made by migrant workers to, and handled by, the competent authorities relating to discrimination based on the grounds set out in the Convention, and particularly race, colour or national extraction, the sanctions imposed and remedies provided.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 2. Promoting equality of opportunity and treatment for persons with disabilities. The Committee previously noted the adoption of the Disability Strategy 2016–26 and Disability Action Plan 2014–18, under which a Health and Disability Long-term Work Programme (2014–18) was created with the objective of increasing employment and economic opportunities for all persons with disabilities and persons with a health condition. The Committee notes the detailed information provided by the Government on the broad range of measures implemented by the Ministry of Social Development (MSD), in the framework of the Disability Action Plan 2014–18, to support training and employment of persons with disabilities, including: (1) the Mainstream Employment and Internship Programmes; (2) support funds directed at providing financial assistance for additional costs faced by persons with disabilities to access training, employment and self-employment; (3) employment providers contracted by the MSD to help persons with disabilities find work in the open labour market and provide in-work support for up to a year; and (4) community-based organizations that provide employment specifically for persons with disabilities. It notes that the new Disability Action Plan 2019–2022 was launched on 14 November 2019, and is composed of 25 work programmes on eight key issues, including education and employment. It notes more particularly that as a result of the action plan, a Disability Employment Action Plan (“Working Matters”) was adopted in July 2020 to ensure that persons with disabilities and persons with a health condition have an equal opportunity to access employment. It notes that the action plan highlights that 74 per cent of persons with disabilities not in paid jobs would like to work, and provides for specific initiatives, in particular to enhance their access to work experience while at school and to post-school education; ensure more and better employment services; build employer confidence in recruiting and retaining persons with disabilities; and enhancing microenterprises and self-employment as well as work opportunities created by new technologies. Recalling that under the Minimum Wage Act, persons with disabilities may be paid lower salaries, below the minimum wage, the Committee previously noted that the Government was exploring alternatives to the use of the Minimum Wage Exemption Permits (MWEPs) through a reference group encompassing representatives from across the disability sector. It notes that, as a result of the consultations held from February to April 2019, it was decided to replace MWEPs by a wage supplement approach, the cost of which would be bear by the Government, in order to support employers to take on workers with disabilities, rather than a system that penalizes persons with disabilities because they want to work. The NZCTU indicates that it participated to the consultation process and provided a submission to the Government seeking the replacement system to be free from discrimination against persons with disabilities. The Committee notes that an update on the design of a wage supplement approach was provided to the Cabinet on December 2019. According to the update, approximately 900 persons with disabilities are currently employed under MWEPs. The Committee welcomes the initiatives implemented by the Government to promote equality of treatment of persons with disabilities in employment and occupation. It however notes that, according to New Zealand Statistics (NZ Stats), the disability employment gap, which is the difference between the employment rate for persons with and without disabilities, remains high being estimate at 46.5 percentage points for the June 2019 quarter (23.4 per cent and 69.9 per cent respectively). Furthermore, the unemployment rate of persons with disabilities is still over twice that of persons without disabilities (8.6 per cent and 3.8 per cent respectively). In that regard, the Committee notes that Business New Zealand considers that the disability issue is of particular concern since, despite efforts to increase job opportunities for persons with disabilities, their unemployment rate is still far higher than the rates of persons without disabilities, which may reflect a lack of educational opportunities. Furthermore, while the effectiveness of such initiatives in the longer term cannot yet be known, they seem to look at disability through a medical model lens – seeing persons with disabilities as in need of outside help because of their disability rather than looking at their abilities and what they can do. Business New Zealand adds that the limitation of the 90-day trial to entreprises with less than 20 employees, following the Employment Relations Amendment Act 2018 (2018 No 53), may also deter some larger organizations to give to persons with disabilities the chance to demonstrate their employability. The Committee further notes, from the 2019 Government’s report to the UN Committee on the Rights of Persons with Disability (CRPD) that, in the year ending 15 June 2018, the Human Rights Commission received 370 complaints of alleged unlawful disability discrimination. Employment issues were the second most common complaint (CRPD/C/NZL/2-3, 8 March 2019, paragraph 24). The Committee asks the Government to continue to provide information on the measures implemented to improve the employment situation of men and women with disabilities, in particular in the framework of the new Disability Action Plan 2019-2022 and the Disability Employment Action Plan. It further asks the Government to provide information on any progress made on the wage supplement approach in order to replace the Minimum Wage Exemption Permits. Finally, the Committee asks the Government to continue to provide statistical information on the access of persons with disabilities to education, training, employment and occupation, disaggregated by sex, as well as on the number of cases of disability discrimination dealt with by the competent authorities.

Enforcement. The Committee notes the information provided by the Government and Business New Zealand on several judicial decisions addressing discrimination on various grounds, including gender, sexual orientation, age, disability and racial harassment. The Government indicates that, in 2018, as regards discrimination, 385 employment applications were received for mediation and 37 applications were received by the Employment Relations Authority (compared to 25 in 2017). Furthermore, according to Business New Zealand, for 2017–18, the Human Rights Commission dealt with 559 complaints of employment discrimination and 103 complaints of pre-employment discrimination, most of them, being related to disability in the public sector and to race in the private sector. Some 82 per cent of all unlawful discrimination complaints received were closed within three months and 97 per cent within 12 months. With regard to the use of 90-day probation period and its impact on workers, in particular migrant workers, the Government states that no research has been conducted for this express purpose. However, the Government adds that the Employment Relations Amendment Act 2018, amended section 67A, now limiting the 90-day probation period to new employees in enterprises with fewer than 20 employees. The Committee notes that the NZCTU commends the Government for such amendment while regretting that probation periods still apply to workplaces with less than 20 employees. It also notes that, in Business New Zealand’s view, such decision was unfortunate as it will limit the opportunity for persons who might otherwise not be considered employable to demonstrate their capabilities. The Committee asks the Government to continue to provide information on cases concerning discrimination in employment and occupation dealt with by the labour inspectors, the Employment Relations Authority, the Employment Court and any other competent authorities, with a particular focus on cases which are filed by employees on or at the end of a 90-day probation period. It also asks the Government to provide information on any further research undertaken regarding the use of probation periods and their impact on workers, in particular migrant workers, which may lead to discrimination on the grounds of race, colour or national extraction.