Employment Relations (Flexible Working Hours) Amendment Bill.

Summary of the submission by the Human Rights Commission, presented by EEO Commissioner, Dr Judy McGregor.


The right to request flexibility in working hours should be available to all men and women who want to balance employment and family interests not just a limited number.

The EEO Commissioner, Dr Judy McGregor, says proposed legislation aimed at giving parents the right to ask for a change of work hours is too narrowly focused. “There needs to be a new approach in New Zealand to working time flexibility that acknowledges all dependent children and family members. Currently only parents of children under the age of five and parents of disabled children 18 years and under are covered by the bill. But what about parents of older children, families providing elder care or men and women with dependent adult disabled children? Their needs may be just as great.”

She was speaking to the Human Rights Commission submission to the Transport and Industrial Relations Committee on the Employment Relations (Flexible Working Hours) Amendment Bill.(Thursday, March 2).

“The Commission supports a comprehensive and integrated approach and any statutory framework should acknowledge all dependent children and members of the immediate family in line with international human rights. In general we believe the ethics of work need to be balanced against the ethics of care.”

There were also several employer-related issues that needed to be re-considered to foster better workplace relationships. The first was the “voice” of small business in such a policy change given its concerns about the cost of compliance and the burden of increased regulation.

“It would be useful to formalise the voice of small business more effectively in business policy discussions and tripartite models between the Government, trade unions and business. New Massey University research shows the shortage of skilled labour is inhibiting small business growth in New Zealand and that some small business see flexibility of hours as a retention tool. Re-organising work is not just a big business issue so we also need to consider small business solutions,” Dr McGregor said.

Two grounds on which an employer can refuse a request by an employee for flexible work contained in the UK legislation on which the New Zealand bill is based have been eliminated from the proposed legislation. These are: the burden of additional costs, and detrimental effect on ability to meet customer demand.

The clearly established business benefits of flexible work add to the social imperatives for rethinking working time, particularly when New Zealand faces skills shortages. The business benefits include retention of skills and decreased staff turnover, lack of absenteeism, increased job satisfaction impacting on workplace productivity and improved workplace safety and increased morale.

However, better research is required to examine the possibly negative career consequences for those who opt for part time work, particularly women. Strategies to reduce the long work hours and to better recognise men in family caring responsibilities need development, the EEO Commissioner said. The Human Rights Commission believes the Department of Labour should investigate and promote the benefits, consequences and trade-offs involved flexible work arrangements, including part-time work.