Tougher regulation of temping agencies needed

Media Release - 20 August 2009 –
For immediate use

Tougher regulation of temping agencies needed

Unite Union is calling for tougher regulation of temping agencies and greater protection for temporary employees after a call centre worker was sacked via text message for asking for a couple of days extra time off to attend to duties at a close relatives tangi.

A young female call centre employee engaged by the Kelly Services temporary employment agency to work in the south Auckland call centre of Sky Television was told not to return to work after telling her Supervisor she needed additional off to attend a relatives tangi out of town. She had been working full time at Sky Television continuously for 6 months.

Kelly’s claim that because the worker was only on “assignment” at Sky Television they don’t have to have justifiable reasons under the law to terminate her employment at Sky Television. Because the worker remained technically employed by Kelly’s they argue that there is no legal claim for unjustifiable dismissal.

“But this worker lost her job” said Unite National Director Mike Treen. “She lost income. She was disadvantaged. She had no opportunity to explain why she had to stay at the Tangi an extra two days. Her employment status means she has far fewer rights than regularly employed Sky Television workers.

“These aren’t temp workers. They work full-time jobs and some have been working ‘on assignment’ for years at a time with almost no protection. In another case at the same company a worker missed out on her legal right to paid parental leave because her continuous 9 months on the job was divided between Kelly’s and Sky Television.” continued Mr Treen

Last year the Labour Party proposed the Employment Relations Amendment Bill (No 3) which would have ensured that where temporary employees were engaged in a job which is covered by a collective agreement they could not be employed under conditions that were worse than those provided for in the collective agreement applying to regular employees. This Bill was discharged by the Minister of Labour Kate Wilkinson in March 2009.

“Regulation such as that proposed by the Labour Party may have prevented Kelly Services from firing this woman. What is distressing is that the current Government is allowing temping agencies to exploit some of the most vulnerable workers in the country by providing a legal loophole that allows a temporary employment relationship to extend for an indefinite period of time,” said Mike Treen.

“Unite Union is committed to fighting against casualisation, outsourcing and exploitative temping agencies through political and industrial action. International corporations like Kelly Services and Sky Television are guests in our country and as such should treat workers with respect,” continued Mr. Treen.

“An American company sacking a worker via text for requesting a couple of days extra leave at her Aunt’s tangi was seen by many of the Maori and Pacific union members as racist. The issue has created bad will between the company and the 150 union members in the call centre,” said Unite Union call centres organiser Omar Hamed.

“We’ve asked the Government to change the law on how temping agencies can be used” continued Mr. Hamed. “We hear dozens of chilling tales of abusive temping agencies acting outside the law but what we are told is only the tip of the iceberg. We are committed to ensuring, by any means necessary, that temporary employees employed in Aotearoa receive respect and fairness at work,” concluded Mr. Hamed

*Unite Union is a campaigning union made up over 7000 workers committed to improving the lives of working people, their families and communities through democracy, solidarity and struggle.

ENDS

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