Recommendations

The following recommendations have been distilled from the conclusions of each regional report which were verified by participants in the National Conversation about Work. The recommendations are presented within the Right to Work framework, which includes a human rights approach to employment issues.

A human rights approach to employment involves:

Empowerment: Empowers individuals and groups to have a voice in decision-making, by recognising their use of rights as a legitimate basis for action.

Accountability: Introduces accountability for actions and decisions, which can allow individuals and groups to complain about decisions, policies and practices affecting them adversely.

Non-discrimination: Seeks non-discrimination among individuals and groups through the equal enjoyment of rights and obligations by all individuals.

Participation: Emphasises participation of individuals and groups in decision-making.

Agreed human rights norms: Links decision-making to the agreed human rights norms as set out in the various human rights covenants and treaties.

From all the issues that were identified, recommendations that relate to furthering equal employment opportunities in New Zealand were developed. These are presented against the human rights approach to employment. This approach aims to:
• empower job-seekers and employers’ groups,
• improve accountability for equal employment opportunities,
• ensure non-discrimination in employment, and
• link legislation, policy and practice to the treaties and covenants New Zealand has ratified.









Empowerment

• Develop a national youth-to-work strategy that includes a plan for every young New Zealander, that has cross-party support and sufficient long-term funding security. The strategy must be responsive to the needs of Maori and Pacific youth as particularly vulnerable groups of young people.
• Improve the provision of labour market information and analysis at a regional and sub-regional level to enable Economic Development Agencies, local and central government agencies, employers and unions to share best practice and engage in medium to long-term regional employment strategies.




Accountability
• Develop Memoranda of Understanding as a partnership between the Human Rights Commission and business organisations to promote human rights at work, including information about anti-discrimination in employment.
• Review existing Equal Employment Opportunities legislation applying to both the public and private sector, including:
-  amending the Employment Relations Act 2000 to include a positive duty to be a good employer, and 
-  strengthening the Equal Pay Act 1972 to improve effectiveness and to include equal pay for work of equal value.

 

 

 

 


Non-discrimination
People with disabilities
• Model good employment practice in the state sector through active EEO programmes that increase the number of people with disabilities employed in line with the Convention on the Rights of Persons with Disabilities.
• Promote inclusive employment practice in the private sector through organisations such as the newly-formed Employers’ Disability Network.
• Make transparent the operation of minimum-wage exemptions, in consultation with the disability community.
• Provide guidance in partnership with people with experience of mental illness and other stakeholders on the disclosure of mental health issues to employers.

Migrant workers
• Provide information on employment law and human rights in relation to employment for both migrant employers and migrant employees in community languages (for example, Chinese and Filipino languages) and in multiple formats to ensure accessibility.
• Develop codes of practice in partnership with industry groups (for example, the dairy industry and the viticulture industry) to guide employers on best practice.
• Monitor the working conditions of migrant workers, including those employed under the RSE scheme, with a view to taking remedial action when poor practice is identified.


Participation


• Ensure that children of working parents have access to quality and affordable early childhood education in all areas of New Zealand, including provincial and rural communities and encourage men to consider careers in early childhood education.
• Extend paid parental leave for seasonal workers and men as primary entitlement holders.
• Develop a national programmatic approach on managing ageing workforce issues, including models of labour market participation for older workers, approaches to transition and succession strategies for small-business owners.




Agreed human rights and norms
• Progressively increase the level of both the minimum wage and benefit levels to ensure universal entitlement to an adequate standard of living. This requires indexing rates to the national average wage, as currently happens to national superannuation, and ensuring regular increases to improve income and to reduce inequality.
• Implement pay and employment equity strategies already developed by government departments in the public sector to eliminate the gender pay gap and actively promote pay equity in the private sector.
• Continue to sign, ratify and implement international labour standards, such as ILO and UN Conventions.