Legislation
Equal employment opportunities (EEO) are referred to in a range of employment related legislation that applies to the public and private sectors in New Zealand. The following pieces of legislation either directly or indirectly refer to the ‘good employer’:
· Minimum Wage Act 1983
· Wages Protection Act 1983
· Immigration Act 1987
· Parental Leave and Employment Protection Act 1987
· State Sector Act 1988
· New Zealand Bill of Rights Act 1990
· Health and Safety in Employment Act 1992
· Human Rights Act 1993
· Privacy Act 1993
· Hazardous Substances and New Organisms Act 1996
· Employment Relations Act 2000
· Modern Apprenticeship Training Act 2000
· Injury Prevention, Rehabilitation and Compensation Act 2001
· Holidays Act 2003
· Crown Entities Act 2004
Most of the indirect references indicate what a ‘good employer’ may do to, for example, keep employees safe and provide them with information. Other indirect references are about compliance with minimum employment standards, such as wages or holidays.
The Employment Relations Act 2000 (ERA) places obligations on employers which ‘require employers, employees and unions to deal with each other in good faith. The basic requirement is that the parties may not mislead or deceive each other. This requirement applies to all aspects of the employment relationship including, but not limited to, collective bargaining, interaction generally between employers, employees and unions, union access to workplaces, and consultation about restructuring.’[1]
The framework for the conduct of employment relations ‘is based on the understanding that employment is a human relationship involving issues of mutual trust, confidence and fair dealing, and is not simply a contractual economic exchange’[2].
Under the Crown Entities Act 2004, Crown entities are required to be ‘good employers’. ‘In a general sense, the Employment Relations Act's good faith requirements (and in particular the code(s) of good faith issued under the Act) complement and reinforce these ‘good employer’ obligations. The Act's good faith requirements are also very relevant to the development of human resource strategic plans in general and bargaining strategies in particular.’[3]
Crown entities as a group have never had legislated ‘good employer’ and equal employment opportunities requirements specific to them. The following sections of the Crown Entities Act 2004, refer to the ‘good employer’.
Section 118 Crown entity to be good employer
(1) A Crown entity must if it employs employees -
(a) operate a personnel policy that complies with the principle of being a good employer; and
(b) make that policy (including the equal employment opportunities programme) available to its employees; and
(c) ensure its compliance with that policy (including its equal employment opportunities programme) and report in its annual report on the extent of its compliance.
(2) For the purposes of this section, a good employer is an employer who operates a personnel policy containing provisions generally accepted as necessary for the fair and proper treatment of employees in all aspects of their employment, including provisions requiring -
(a) good and safe working conditions; and
(b) an equal employment opportunities programme; and
(c) the impartial selection of suitably qualified persons for appointment; and
(d) recognition of-
(i) the aims and aspirations of Māori; and
(ii) the employment requirements of Māori; and
(iii) the need for greater involvement of Māori as employees of the entity, and
(e) opportunities for the enhancement of the abilities of individual employees; and
(f) recognition of the aims and aspirations and employment requirements, and the cultural differences, of ethnic or minority groups; and
(g) recognition of the employment requirements of women; and
(h) recognition of the employment requirements of persons with disabilities.
(3) For the purposes of this section, an equal employment opportunities programme means a programme that is aimed at the identification and elimination of all aspects of policies, procedures, and other institutional barriers that cause or perpetuate, or tend to cause or perpetuate, inequality in respect of the employment of any persons or group of persons.
Section 151 Form and content of annual report
(1) An annual report must contain the following information and reports in respect of the financial year to which it relates:
(g) information on compliance with its obligation to be a good employer (including its equal opportunities programme)
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[1] Guidelines to the Employment Relations Act published September 2000 by the State Services Commission
[2] Explanatory note that accompanied the ER Bill when it was introduced to Parliament
[3] Guidelines to the Employment Relations Act published September 2000 by the State Services Commission
