Neil Sands
The convenor of The Law Association’s Employment Law Committee has welcomed moves to clarify a proposed “gateway” test for contractors in the controversial Employment Relations Amendment Bill, but expressed disappointment that plans to
limit judicial discretion in some personal grievance cases remain unchanged.
Barrister Catherine Stewart says concerns remain, even with the proposed amendments put forward by the Education & Workforce Select Committee.
A select committee report released this week suggested a range of amendments to the bill which Workplace Relations Minister Brooke van Velden has indicated she will accept.
The suggestions represent tweaks and clarifications, not the substantial amendments that TLANZ’s Employment Law Committee called for in a submission to the select committee, which warned the bill “risks dismantling
fundamental protections that underpin New Zealand’s employment relations framework”.
“It’s a contentious piece of legislation. It’s been strongly debated, and in many instances opposed, by many different groups. It will result in significant changes to the employment law landscape if it comes into effect,” Stewart told LawNews.
In an online commentary, Simpson Grierson said the select committee had “tinkered” with aspects of bill, rather than making fundamental changes to a regime which “shift[s] the dial more in favour of employer rights”.
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