Gordon Campbell | Parliament TV | Parliament Today | Video | Questions Of the Day | Search


Mapp Report - 27 October 2006

Mapp Report - 27 October 2006

Employment Relations (Probationary Employment) Amendment Bill -

Beginning the journey to greater employment

Over the last 12 months I have been campaigning for my 90-Day Probation Bill to allow employees easier access into the workforce. This week the Bill was finally deliberated on in the Transport and Industrial Relations Select Committee. The next major event is the second reading, which will take place in Parliament in November or early December.

Proposed amendments to the Bill

I have suggested major amendments to the Bill, which should help the Maori Party, New Zealand First and United Future vote in favour of the Bill

The submissions to the Select Committee demonstrated the need for some changes to be made to the Bill. The first change will ensure that employment contracts commence from the beginning of the probation period. This will ensure that good faith provisions will also apply to all employment contracts from the commencement of the contract.

The key change to the Bill will provide that probationary employees will be restricted from taking a personal grievance relating to unjustified dismissal. All other issues arising from employment contracts, such as pay arrears, holiday pay, sexual harassment, will have the existing remedies currently available under the Employment Relations Act.

Many submitters were concerned that there should be a procedure that employers should follow if an employee does not successfully complete the probation period. There was general agreement among submitters that reasons should be given, and mediation should be available. However, there should be no further recourse to the dispute resolution procedures, since this would defeat the very purpose of the Bill, which is to establish a meaningful probationary employment without the encumbrance of complicated and expensive dispute resolution processes.

The point of probationary employment is that it is intended to lead to permanent employment. Such an employee would then have employment on all the ordinary terms of employment.

The final issue is whether there should be a shorter probation period if it is a short-term employment contract. This is particularly relevant for workers in short-term employment, such as seasonal work. Such contracts are usually for six months or less. To have a 90-day probation period is excessive for such a short-term contract. The Bill would now provide for a 30-day probation period for short-term contracts of six months or less.

Laying the foundation for employment success

The submissions process has been particularly valuable in giving an insight into how to make the 90-day probation Bill work successfully. It is clear the Bill, if accepted into law, will begin New Zealand’s journey into greater levels of employment especially for those who are currently finding it difficult to get emploment. The National Party and I are determined that New Zealand should have modern employment law, which will benefit all New Zealanders.


© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

Werewolf: What Does Winston Peters Want His Legacy To Be?

A lot of people in New Zealand seem to resent Winston Peters and the power that he appears to have. “Appears” being the operative word. In reality, Peters will have power only up to the point that he uses it.

By next week, he’ll have become just another junior player in an MMP governing arrangement, battling to hold onto the gains he was promised. More>>


Rising Toll: Road Safety Needs To Be A Higher Priority

Official advice released to the Green Party under the Official Information Act shows that the previous National Government dismissed an option to make road safety its most important transport priority after being told the road toll was rising. More>>


Wellington.Scoop: Arrests At Blockade Of "Weapons Expo"

“We encourage people in Wellington to get down to the Westpac Stadium now for a day of awesome peace action. There will be plenty of food, music and activities to keep us sustained through the day.” More>>


Rorschach Restructuring: PSA Taking Inland Revenue To Court Over Psychometrics

The Public Service Association will be seeing Inland Revenue in Employment Court over its intention to psychometrically test employees reapplying for their roles at the department as part of its controversial Business Transformation restructuring plan. More>>


Nuclear Disarmament: Nobel Peace Prize 2017 Awarded To ICAN

Congratulations from iCAN Aotearoa New Zealand to international iCAN, the other iCAN national campaigns and partner organisations, and the countless organisations and individuals who have worked so hard for a nuclear weapons-free world since 1945. More>>


Expenses: Waikato DHB CEO Resigns

An independent inquiry has identified that Dr Murray had spent more than the agreed $25K allocated for relocation costs, and other unauthorized expenses involving potential financial breaches of the chief executive’s obligations. More>>


Wellington.Scoop: Sad About The Trolley Buses?

The Regional Council’s MetLink is today spending money to tell us that it really loves Wellington’s trolley buses, even though they’re all being taken off our roads by the end of this month. More>>


Post-Election: Preliminary Coalition Talks Begin

New Zealand First will hold post-election preliminary discussions in Wellington with the National Party tomorrow morning and the Labour Party tomorrow afternoon. More>>




Featured InfoPages

Opening the Election