Red Alert

Archive for the ‘workers rights’ Category

Techno slavery

Posted by Darien Fenton on January 31st, 2012

I missed this on Stuff, but heard it on RadioNZ today.

Workers who find themselves answering work emails on their smartphones after the end of their shifts in Brazil can now qualify for overtime under a new law.

The new legislation was approved by President Dilma Rousseff last month.

It says company emails to workers are equivalent to orders given directly to the employee.

Labour attorneys told the Folha de Sao Paulo newspaper the new law makes it possible for workers answering emails after hours to ask for overtime pay.

Judging by the vox pop comments of Brazilian workers on the RadioNZ piece, this isn’t necessarily a popular move. I can understand that. Turning off the emails after hours is a hard thing to do.  It has become such a way of life for many working people, but even more so for those who believe their job depends on it.

This issue has started to emerge in several corners of the world. In May 2011, Chicago policeman Jeffrey Allen filed a class action suit against the city, asking for unpaid overtime compensation.

In December 2011, German carmaker Volkswagen agreed to deactivate e-mails on German staff Blackberry devices out of office hours to give them a break.

German telco Deutsche Telekom and consumer goods maker Henkel have also introduced measures to curb after-hours emails to reduce the pressure on workers to be always on call.

Remember the “work life balance” stuff we used to talk about?

Am I just old-fashioned in thinking that working lives are important, but so are our families as well?


Lockouts, layoffs and livelihoods

Posted by Darien Fenton on November 23rd, 2011

The lockout of more than 100 workers at ANZCO CMP Meatworks in Marton is now in its second month over the employer’s demand for 20% paycuts and increased workloads. Efforts by the workers’ union to reach a compromise so far have been rejected. The local community, food-banks and workers from around the country, many of whom are already struggling from the impact of cost of living increases,are digging deep to help these workers feed their families. That can’t carry on. Families are hurting, the local economy is suffering and New Zealand’s international reputation is being affected.

Predictably, there’s been silence from the Minister of Labour and John Key in this very serious situation, and they’ve left their hapless and inexperienced Rangitikei candidate to deal with it.

Then there’s the almost daily announcements of lay-offs. Today it’s Milton Woollen Mills. Yesterday, it was Sleepyhead.

The National Party Industrial Relations policy for this election will encourage more of the hard-line tactics being used by ANZCO CMP. They want to give employers the right to veto multi-employer collective agreements, refuse to conclude collective bargaining, and put workers on individual agreements when they start work.

National’s priorities for early legislation, announced today, include cutting pay for young workers and privatising the ACC work account. How sad is that?

The last time a National government tried these race to the bottom ideas, the wage gap with Australia grew enormously, workers lost long-held conditions, low pay became endemic in many important industries and we lost a generation of skilled workers.

John Key insists that he will build a brighter future (actually, I thought he promised that last election).

There’s no brighter future for laid off or locked out workers, or those who only got a 25 cents increase in the minimum wage this year.

Clear choice Saturday.


Meanwhile, in Rangitikei…

Posted by Darien Fenton on November 15th, 2011

While John Key spins to prevent us knowing what he and John Banks really said at the tea party, 111 workers are into their third week of being locked out at the CMP Meatworks in Rangitikei.

The union and the company have been negotiating to renew the collective agreement at the plant since April 2011 but have not been able to reach an agreement as the company is seeking significant cuts in pay and allowances.  Their stated goal is to remove 15% of the costs from the time a lamb enters the plant to it leaving, which means significant cuts of more than 20% in overall pay for the workers.

On 3 October the company issued a lock-out notices to 300 members of the meat workers union. The notice said that to return to work the workers had to agree to the employers claim for a new collective agreement incorporating the new rates of pay and proposed changes to shift organisation.

Before the lockout , the company put all the workers on annual leave for a week. During this week they contacted many workers one at a time and offered them individual agreements with the pay cuts and told them that if they signed the lock out notice would not apply to them. They were also required to resign from the union.

Over 100 workers signed without union advice and returned to work. Many were migrants who would have been afraid for their jobs.  These workers now on individual agreements, and because the season is not yet in full swing the company is able to continue to operate and leave the remaining 111 workers locked out (since 19 October).

The annual income of these workers varies but on average they range from $43,000 to $46,000 with the bottom earnings as low as $23,000 and a top income of $53,800 which includes additional shifts. The workers have offered to take a 10% pay cut which is extremely significant on these low wages – but this has been rejected by the company.

Not a good situation for the workers or the community to be in .  John Key should pay attention, or is this a precursor of the “balance and fairness” we could all be up for under National’s  Employment Relations policy?

If you want to help these workers and their families go here.


Blue, Harry, Trotter – then and now

Posted by Darien Fenton on September 26th, 2011

Chris Trotter has strong opinions, when I get the time to follow him – which isn’t often. But this short story, about Blue and Harry, stalwarts of the good old days of unionism, has turned up on my media monitoring, repeated in every little down-home country paper throughout the country. Blue says :

“I heard that Darien Fenton woman talking on the radio the other day – Labour’s industrial relations spokesperson. You know what she says?”

“What did she say?”

“She says: ‘Nobody on the Left is calling for the reintroduction of compulsory unionism and national awards.’”

“Never asked us”, said Harry.

“No, she bloody didn’t”, muttered Blue. “But I know what I’d like to ask Darien Fenton. I’d like to ask her how much longer Labour’s going to let this wretched experiment in voluntary union membership go on before declaring it a failure?

“Ninety-one out of a hundred, Harry. Ninety-bloody-one! That how many private sector workers lack union protection. Hundreds-of-thousands of ordinary Kiwis stripped of the ability to negotiate with their employers on equal terms. To look the boss in the eye and say ‘no deal’, without being sent down the road.”

Yep, well Blue and Harry (and Trotter) have got that right. There’s only 9% of private sector workers covered by unions and collective bargaining in NZ.  It’s not a NZ only situation –  and there’s plenty of international evidence mounting now, including from the IMF and the OECD, that the decline in unionism and collective bargaining has contributed to rising inequality and even the GFC.

I honour the commitment of the Blues and Harry’s and of those who followed them. I’ve worked in workplaces where there’s been strikes for weeks on end. I have my share of war stories, just like many Labour MPs (and they’re not all glorious). We worry about leaving the next generation much worse off than the one we inherited from their struggle. But the world has sadly changed. In Blue and Harry’s day, a casual worker would have been unheard of. Working the weekend for ordinary rates would be a strikeable offence. But women getting equal pay, paid parental leave, domestic leave and four weeks holiday were also just as unthinkable, so it’s not all about what happened yesterday.

That doesn’t mean there aren’t injustices, low pay and exploitation. There is plenty to go around.

But Blue and Harry would find today’s workplace unrecognisable and while we learn from our history, yesterday’s solutions aren’t the only solutions for today’s problems. Try, for instance, telling a young IT worker they should be compulsorily bound to a union.

So, Blue and Harry (and Chris Trotter) be patient. Talk with me if you want – anytime. Labour’s policy will be announced soon. We will be standing up for workers, and as we have always done, standing up for the poor and the lowest paid, and taking into account the fragmentation of the labour market, the huge inequalities that have developed, and the need to create a fairer society for everyone.


Bring down the curtain

Posted by Darien Fenton on September 23rd, 2011

There appears to be an on-going vendetta against workers in New Zealand’s entertainment industry.

Sure, the NActs are happy to line up beside local artists at events like the Rugby World Cup, but their actions are spelling doom for many of our most talented.

First, there was the decree from on high that all NZ entertainment workers are “contractors” and have no right to challenge their status under New Zealand law. There was the shameful spectacle of our government depriving New Zealand workers of rights in order to bow to Warners and Co., along with the ugly denunciation of anyone who dared speak out against this move as “hobbit-haters”.

Now, Immigration Minister Jonathan Coleman has announced that New Zealand has cleared the way for overseas actors and musicians to come here whenever they feel like it, even if it’s at the expense of New Zealand entertainment workers. His policy changes mean that those representing actors, musicians and other entertainment workers no longer have to be consulted when overseas acts want to come here. Understandably, the Screen Directors Guild of NZ is expressing concern about the implications of the moves to alter the process for the entry of temporary entertainment industry workers into New Zealand. They say it is potentially damaging to the local screen and entertainment industries.

My old union, the Musicians’ Union did its best to promote New Zealand music, but they never stood in the way of overseas performances unless it meant New Zealand musos would be disadvantaged. It was their job to stand up for New Zealand talent and they did it responsibly.

Labour’s spokesperson for Immigration, Ruth Dyson, and Arts and Culture spokesperson Steve Chadwick say the change could mean that roles in local productions could be filled with overseas performers and that these pressures, along with strife in Public Broadcasting and local playhouses, such as Downstage, put at risk many New Zealand careers.

John Key’s justification for changing the laws around the Hobbit was to protect New Zealand jobs, yet his Minister of Immigration has opened the door for all and sundry.

Our proud record of cultivating NZ identity through the Arts, fostered under the leadership of Helen Clark, is faltering.

Who hates who now?


Has Kate been shafted again?

Posted by Darien Fenton on September 21st, 2011

Yesterday, the Government announced a review of rules and regulations for the use of agricultural vehicles, including working-time regulations, requirements for safety inspections of farm vehicles and the relaxing the restrictions on the use and standards of farm vehicles. They told us they have been listening to the industry.

But wait, hasn’t the Minister of Labour identified the agriculture sector as one of her “priority sectors” for action and resources in her Health and Safety Action Agenda? And rightly so, because farm vehicle accidents account for 23% of work related deaths and injuries in New Zealand.

Now the lowly-ranked Associate Minister of Transport (outside Cabinet) describes safety rules for agricultural and farm vehicles as “red tape”. Yep, he mentions the safety of the public, but not the workers. That, to me, says a lot about the Government’s attitude to workers’ health and safety. Sure, the farmers want to get their crops in on time. But I’m just as sure that the workers would like to work reasonable hours for fair pay and not have to put their life and those of others on the line.

We’re not talking unreasonable rules here. 13 hour days – just one break after 5.5 hours – no rights to breaks, and most employed as contractors, which means few rights in law.

The  families whose loved ones have been affected by accidents in this industry because of short cuts, long working hours, a lack of rights and cutting corners will not see these regulations as “red tape” or too “inflexible” as the contractors have described them.

The question is:  has the Minister of Labour been shafted again?  Was she consulted about this review?

Just another example where the health and safety of workers has become a “nice to have” for this Government.


Something else happened this week

Posted by Darien Fenton on September 9th, 2011

With all the excitement around the Rugby World Cup it may have slipped your notice that the long battle by Disability Support workers to be paid minimum wage for “sleepover” shifts looks like it might come to an end by Christmas – if the government gets its act together.

The government, IHC and the unions have reached a compromise deal, which will see the full minimum hourly rate paid for sleepovers by December 2012.

50% of the backpay owed will be paid eight weeks after the government legislates, which will need to happen to enable a variation of the Court’s decision and the very reasonable position taken by the unions of enabling the minimum wage to increase over a period of time.

I’m pleased that after a drawn-out process lasting five years and workers jumping through the hoops and appeals in three Courts, Tony Ryall has finally decided to get the matter settled. I’m also intensely relieved that the government has shelved any idea of amending the Minimum Wage Act to avoid these payments. This would have had an impact on tens of thousands of workers.

The only note of concern is that Minister Ryall is saying legislation won’t be passed before the election.  If that happens, there is no trigger for the backpay to be paid and workers will have to wait a lot longer. There’s no reason settlement legislation can’t happen in the next three sitting weeks.

After all, the government managed to ram through significant changes under urgency that removed rights for a whole category of workers so they could please Warner Bros. They can please the nearly 4,000 workers who have made a claim by getting the legislation through the House asap.  Labour will co-operate with the government so these workers can be paid.

Well done to Service & Food Workers Union and PSA for hanging in there.  You’ve done your members proud.


Ships of Shame

Posted by Darien Fenton on August 23rd, 2011

I welcome the government’s announcement today on the Terms of Reference for the Ministerial Inquiry into the use of Foreign Crewed Vessels (FCVs) in New Zealand waters. So, credit where it’s due, but there’s been a huge push behind this from the media and in particular, Michael Field of Fairfax, communities and church groups looking after abused foreign crew and unions who have repeatedly called for change.

IMG_0254So well done to all of them and thank goodness for their help.

Meanwhile, the crew of the Oyang 75 and Shin Ji face uncertain futures.  They’ve been forced to appeal deportation liability notices on humanitarian grounds. The community and church backers have had to find the $550 fee for them to do so.  Their testimony to the inquiry is vital and if they want to stay in New Zealand, they should be able to until they are paid what they are due and their stories have been heard by the Inquiry.

The Ship of Shame, Shin Ji, whose crew ran away from physical and sexual assaults, is moored at Auckland waterfront’s new Wynyard Quarter just opposite the flash new Events Centre.  Go down and have a look for yourselves and imagine how any human being could be expected to live in such degrading and appalling conditions.


The polls that matter

Posted by Darien Fenton on August 21st, 2011

Matt McCarten’s commentaries have often had me tearing my hair out.  I’ve known Matt longer than most, and I know he and I share the same views on many things, especially when it comes to low-income workers and the poor. Where we differ is how change can be achieved politically and that comes across in his criticism of Labour. I’m sure he’s aware that the right-wing repeat his every word when he criticises Labour, but I bet they don’t reproduce his NZ Herald column today.

Matt, like the other union delegates at the packed CTU Conference on Friday sat up and took notice when Phil Goff spoke.

Phil nailed it.  He nailed the feelings of worker representatives who have seen the cost of living increase, tax cuts for the rich and nothing for them and their families. He spoke to their concerns about their workmates and families operating under National’s changes to employment law.  He spelled out our agenda for real change, of which there is more to come. He sent a message to the mining families on the West Coast saying Labour’s not going to muck around with mine safety.  We’re going to do what’s needed.

He showed there is fire in the belly in the Labour leadership and the Labour Party.   He showed passion, empathy and warmth.

It was a good reminder not to get distracted by silly made-up stories about Labour’s leadership, and pollsters that can’t get to working people.  One delegate said his union had just finished stopwork meetings of 4,000 workers around the country and of these, only 4 had been polled in the last year.

The polls that matter can be found in the stories and conversations on the doorsteps and workplaces of  South and West Auckland, in Otara, Manurewa, Manukau East, Mangere and Ranui.

The polls that matter are the 350,000 workers and their families represented at the CTU conference on Friday.


Are you a lazy and unmotivated NZ worker?

Posted by Darien Fenton on August 8th, 2011

Because this farmer says you are.

According to Mr Bloem, who is a long term pig farmer, productivity has soared since he employed Filipino workers at its Highcliff piggery and his operation is producing an extra 1500 pigs a year from the same number of sows.

He had become frustrated with New Zealand workers who were “lazy, unmotivated and didn’t want to go the extra mile to learn anything”.

“In the end, I had nothing to lose,” he said.

This farmer was given a contact in the Phillipines through his pig-breeding company, and the contact’s uncle, brother-in-law and nephew came to work on the property about 2007.

Two of the Filipino workers remain on the property, while a third has moved on but has been replaced. Mr Bloem says they were all quick learners and very motivated to get excellence performance.

Mr Bloem says that in all his years as a pig farmer, there were probably only four or five staff that he would previously have considered worthwhile to send for further training. He encouraged training and one of his Filipino workers, Jimmy Malit, recently achieved a herd manager qualification through industry training organisation AgITO.

I don’t doubt Mr Bloem’s claim that the  Pork Industry is tough going. And I have no doubt that Filipino workers are motivated to work hard and do well so they can stay in New Zealand.

But additional questions for Mr Bloem I have include :

  • How much do you pay your workers?
  • How do you treat your workers?
  • How do you help ensure they have a future in the industry they can be part of, and proud of?

I’m not prejudging the answers.  I’m just saying that in my experience, NZ (and all) workers are only “lazy and unmotivated” where they are paid poorly and treated badly.

Or have I got that wrong?  Should they just be grateful to have a job?

I have no problem with skilled overseas workers coming to work in New Zealand.  But we need to ask questions where workers from other countries are doing the work no New Zealander will do because of low wages and poor treatment.


Fiji – our neighbourhood – our concern

Posted by Darien Fenton on August 7th, 2011

Sometimes I wonder if New Zealanders who continue to visit Fiji for its sun and resorts really understand how serious the situation is, especially when it comes to human and workers’ rights. Perhaps if they did, they might not be so keen to visit.

In the past months, the regime has turned its guns on free trade unions and it’s going from bad to worse. This week the President of Fiji’s Trades Union Congress, Daniel Urai was arrested for holding an “unauthorised” union meeting and a new decree placing further restrictions on workers’ rights was introduced. This comes after the recent arrest of the internationally respected Secretary of the Fiji Trades Union Congress, Felix Anthony, who recently visited New Zealand to talk with unions about the situation in Fiji. There are mounting concerns he will be arrested again shortly.

The decree adopted this week is called “Essential National Industries Employment Decree” which appears to:

  • Ban all strikes, slowdowns, sick actions or any action that may negatively impact on the employer
  • Ban unions from representing workers in negotiating collective bargaining outcomes
  • Void all current collective agreements within 60 days
  • Provide that after 60 days period any strike or lockout may take place only with the written authority of the Minister
  • Prohibit overtime payments, including for weekend work, work on days off, and work on public holidays unless agreed to by the employer
  • Cancel all current Wages Council Orders regarding minimum terms and conditions of work in designated industries
  • Require that all members, office bearers, officers and executives of the union be employees of the designated company.

The decree applies to all Government owned industries and any other that the Minister may designate.  Individuals who break the decree can be fined $50,000 and five years imprisonment. Unions can be fined $100,000.

This is another attempt by the military regime to suppress dissenting views, using intimidation tactics designed to instill fear in workers and unions.

And in a bizarre twist, KFC has closed its three stores in Fiji, claiming Commodore Frank Bainimarama’s regime has blocked imports of ingredients until the secret recipe was revealed.

I think the tourists will survive the demise of KFC in Fiji, but the attack on workers’ and human rights in our own Pacific neighbourhood is something we should all be very worried about.

I hope our government will see it that way and let the regime know that this is unacceptable to New Zealand.

And if you are planning to visit Fiji, I don’t begrudge you a nice holiday, but you do need to go with your eyes wide open.


Minister Ryall adds salt to the wounds

Posted by Darien Fenton on July 19th, 2011

Tony Ryall’s reaction to the rejection of the Government’s offer on the “sleepover case” are at best unfortunate and at worst inflammatory.  He said that :

“Because of a legal technicality they are now wanting to be paid the minimum wage for sleeping….. and retrospectively at that.”

Three Courts have determined that  ”sleepovers” are work and entitled to be paid at minimum wage, but apparently Tony Ryall knows better.

He carried on his diatribe by lecturing the unions and the workers about the country borrowing $300 million a week, telling them their claims are unaffordable.

John Ryall, National Secretary of the Service & Food Workers Union describes the “unaffordable” work of these caregivers in this piece in the Dominion Post yesterday.

Overnight, when most New Zealanders are asleep in the comfort of their own homes, these workers provide critical support to members of our communities with intellectual disabilities and mental health issues who live in residential houses. For the staff this may include dealing with challenging behaviour, seizures or vomiting. If they manage to get some sleep, they are on call. It’s demanding, challenging and exhausting work, but our members do it because they care. Their reward is making a difference in the lives of the people they support.

Yet those same disability support workers who are members of the Service and Food Workers Union and PSA receive $34 a sleepover shift of up to nine hours. That’s $3.77 an hour.

The government has offered to pay the minimum wage, but not until 2015.  They’ve offered 25% of the backpay, with Disability Support providers having to find half of the money.

Members of both unions have overwhelmingly rejected the offer and endorsed a union proposal under which workers would receive the minimum wage in six months and half the back pay owed. The unions are being reasonable.  The government is not.

Meanwhile, the Attorney-General has joined IHC in continuing to fight the case in the Court of Appeal.

They’re only putting off the inevitable, but it says a lot about this government’s priorities.


Mr Key and the Child Labour question

Posted by Darien Fenton on July 6th, 2011

On Sunday’s Q and A programme, a prickly Indian Minister cut short a question from Guyon Espiner about child labour in India, saying “it was insulting to India.”

When asked about it, John Key responded by saying that “an FTA was not the forum to address child labour issues.  That must be done through the International Labour Organisation and New Zealand had raised the issues there”

No they haven’t.  At least not since National has been in government.  And Mr Key clearly hasn’t looked that closely at New Zealand’s own question of child labour. While we can’t compare our child labour issues with developing countries, we do have children at work, many exploited and who have few rights.

The classic are the leaflet deliverers. Some are paid around 25 cents an hour.  They are employed as independent contractors, so they have no right to join a union, have to pay their own ACC and tax, don’t get sick leave and holiday pay.

Labour helpfully has a bill that Mr Key could adopt, if he really cares about child labour.  It’s called the Employment Relations (Protection of Young Workers) Amendment Bill.  The Bill provides that all workers aged 15 and under must be employed on employment agreements under the Employment Relations Act 2000 (and its amendments) and have all rights, including the right to join a union, bargain collectively and the rights to personal grievance currently provided to employees under the Act.   No such worker can be employed as an independent or dependent contractor.

It’s not such an unusual thing to do.  Homeworkers, under New Zealand law are considered employees under the Employment Relations Act, regardless of whether they are engaged, employed or contracted.  This is because they are considered (and have been proven to be) vulnerable to exploitation if they are employed as contractors.

So, John Key he could do something about New Zealand’s child workers if he really cared.

Or will he wait until that’s raised at the ILO as well?


How to win young workers and influence them

Posted by Darien Fenton on June 27th, 2011

The ACT Party had costly advertisements in the weekend newspapers telling young workers that ACT supports them so much that they will cut their wages.

“ACTs solution (to youth unemployment) is simple, cost-effective and unobstrusive. Allow youth rates again. That would provide young people many more opportunities to get their foothold on the job ladder.”

If there are all these jobs out there for young people on low wages, who’s doing them at the moment?  Guess who – workers getting higher pay.

So ACT’s answer to youth unemployment is to take jobs from older workers and give them to young workers on lousy pay – just to do them a favour?

It’s a bit like Paula Bennett telling the House that a young worker of 52 years of age is delighted to have a job as a “checkout chick” when she was asked about a bottom line for youth pay.

Spare me.


The Business Codgerati

Posted by Darien Fenton on June 26th, 2011

There’s been a lot of flak about Alasdair Thompson’s comments last week (and rightly so). He’s shown the worst side of the business codgerati. Business organisations and right-wing acolytes like Jenny Shipley have been distancing themselves big time. The organisation he heads, the Employers and Manufacturing Association (Northern) is having a Board meeting tomorrow to decide his future.

The Sunday Star Times editorial says today that “it’s reminded us silly we used to be” and how this kind of standard sexism was once standard in New Zealand politics and business…….“it’s so 1950’s.”

The SST goes on to say :

“But we should not be too complacent about this.  If bosses have become more enlightened and workplaces more friendly to women and minorities, in some ways they are more worker-unfriendly than they used to be……  in some ways workers have less power to push for change than they had in the 1950’s.  Some employers think this is fine; they regard unions as obstacles to commercial progress. That is about as crass a stereotype as the one about the skiving menstruators.”

That is so true and well done to the SST for nailing this. While every business organisation now spouts their policies on equal employment opportunity, flexible working hours, work life balance and their opposition to discrimination their prejudices are still there for all to see among many of them.

Every time there’s talk about giving workers more bargaining power or strengthening their rights, the codgerati are out there, saying “it’s a return to the past” or “it’s going to ruin us”.

Witness the reaction to the $15 minimum wage and ACT’s backward looking ideas that youth rates are going to solve youth unemployment.

Still a long way to go.


How safe are our Hospitality workers in the World Cup?

Posted by Darien Fenton on June 19th, 2011

The recent  arrest of Dominique Strauss-Kahn, former head of the IMF for sexually assaulting a hotel housemaid got me thinking about the New Zealand hospitality industry and the potential exposure of NZ workers to inappropriate behaviour during the Rugby World Cup.

The housemaid involved in the Strauss-Kahn case is a union member, which makes all the difference. But by far the majority of hotel workers in New Zealand are not union members.

Sadly, the further you go down the hospitality chain, from large hotels to motels, restaurants and bars, the worse it is.

New Zealand’s laws protect workers against sexual harassment, but it’s a hard row to hoe.  There are two routes – through the Human Rights Commission or through personal grievance.  New Zealand’s hospitality industry is repsonsible for 10% of all workplace sexual harassment complaints to the Human Rights Commission, but I know from experience that’s the tip of the iceberg. It’s just not that easy to take this on.

If you are a young worker, not in a union, new to a job, on a 90 day trial period, are you really going to have the courage to challenge your employer if a sexual harassment incident occurs?

There’s an attitude issue here. The Hospitality Industry is not only responsible for the behaviour of their staff, but also their customers and clients. To their credit, some work has been done in the industry to educate employers about their responsibilities.

I came across this comment from the Restaurant Association in a newsletter about sexual harrasment.

I accept that some people will regretfully be sexually harassed, but at the risk of being challenged, I have formed the opinion that the majority of complaints are motivated by the monetary rewards that might result.

According to this, there’s a golden pot of money waiting for workers who complain about sexual harassment!

However, it’s not just about sexual harassment. It’s also about decent pay and fair conditions.

The government needs to work with unions and business to set standards for how we expect New Zealand workers to be treated during an event like this.

We want our visitors to have a great time, but not at the expense of New Zealand workers.


2 min 38 secs on the national party leader’s plan – have a look

Posted by Trevor Mallard on June 17th, 2011


Uh oh – here it comes

Posted by Darien Fenton on June 8th, 2011

John Key told the Seafood Council today that if National is re-elected in November, further changes will be made to employment law. 

I’m guessing they won’t be good changes for workers, especially when he boasted “trade unions won’t like them.”

He claims a flexible labour market is good for employers and workers.  Does he mean the one in five women employed in the public sector who work overtime for no extra pay as reported today by the PSA?  Does he meant the contribution they make of an estimated 2.5 million hours of unpaid work a year, worth about $54.5 million and equivalent to 1360 full-time jobs?

What I’m hearing repeatedly from John Key’s National Government now is that working people make no contribution to the economy – they have no role in productivity, should have no say in the workplace and most of all, should not expect either to have rights or to know anything about them.

Although the government has made some pretty hideous changes to employment rights, I thought we’d got past the real ideological crap of the past. 

But it’s heading our way in force.  Cuts to workers rights, low pay, asset sales and welfare changes – to name just a few things. 

Sounds like a government with no plan to me.


Toe in the water

Posted by Darien Fenton on June 5th, 2011

Never thought I would find myself agreeing with Bill Ralston – or at least hardly ever, but his column in this week’s Listener, where he says that ‘most of what Human Resources departments do is ludicrous” caught my eye.

Ralston says that

HR people are the new corporate shamans, weaving their spells to improve business outputs to the detriment of any real humantity

He describes some  HR tools – psychometric testing for new employees, the setting of KPIs, the annual employee engagement survey, and most insultingly of all – the “exit interview” – even where a worker has been sacked.

I don’t want to denigrate HR people. It’s important to have competent and capable Employment Relations practitioners among firms and unions.

But the worst mistake HR people make is thinking that they are the voice for their employees.  They’re not and that’s where I think this whole fad has gone horribly wrong.

Someone I met recently observed that he had just attended a conference with 1200 employment lawyers and HR specialists. This intrigued me.

When I first started working as a rookie union organiser in the late 1980’s, disputes were negotiated between hands-on lay people. It would have been hard to find 120 employment law specialists and HR people, let alone the thousands that are out there today.

Ironically, the National Government’s Employment Contracts Act (ECA), which lasted a decade in the 1990’s, was designed to bring so-called freedom and individual choice to the workplace contributed to this.  It spawned a whole new growth industry.

It promoted individualism over collectivism and a “contractual relationship”; it was regulation-lite with words like “freedom” and “choice” prominent in the ideological language of the time (sound familiar?). What regulation there was shifted from collective to individual workplace relationships and a deliberate undermining of unions as representatives of working people.
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Positive workplace relations – going, going, gone.

Posted by Darien Fenton on May 30th, 2011

The more I hear from this government, the more I believe that they think unions and workers have little role in the success of a business, and what’s good for business is good for everyone, regardless of how people are treated.  Paula Bennett said a couple of weeks ago that “any job is a good job“. She means that workers should just be grateful for the generosity of employers who provide work for them, even where it’s a job on minimum wage (or less), has no job security and in some cases avoids workers’ rights by employing them under disguised arrangements such as contracting.

Some of the cuts in the Department of Labour budget are instructive. They may not have made headlines, but they show this government’s priorities.

One major change is the ditching of the Partnership Resource Centre, which has been run out of the Department of Labour in collaboration with independent associates, who have extensive knowledge in industrial relations and organisational development.

The Department of Labour’s Partnership Resource Centre website describes partnership as  :

…….a modern approach to managing employment and industrial relations. It’s about creating new employment relationships based on co-operation and mutual gain. Across the world, and in New Zealand, many organisations have seen the benefits of partnership. That’s why we’ve been working to become a centre for partnership excellence. We’ve developed a collection of useful resources for people exploring partnership practices, and we conduct research and organise events to educate New Zealand organisations and unions about partnership.

Some of the successful NZ projects include those in hotels, Aged Care and even in Kiwirail, and have reported improved productivity, a reduction in serious workplace disputes and improved trust, less contentious collective bargaining and even reduced legal bills. It goes further than that.  Healthy and safe workplaces also require partnership – where workers are trained and confident in identifying and reporting potential hazards to prevent workplace injuries.  Good for the workers, the workplace and the country’s medical costs.

There are two models of employment relationships. One is confrontational, where workers are expected to be subservient and do as they are told.  In my experience, this leads to resentment, protracted disputes and workers standing on the outside picketing the premises.  Some employers get away with it, because their workers aren’t unionised and they are afraid of losing their jobs. It means high turnover, resentful staff who don’t extend themselves beyond the daily grind and if the workers get a chance, individual litigation through personal grievances.

The other is accepting that workers have a role to play in the business, have skills and ideas that can be harnessed to build productivity, innovation and efficiency.  That means accepting that the workers must have a say and role in what happens at work, and be treated and remunerated fairly for their contribution.

I’ve seen both models at work.  Partnership doesn’t mean either side subsume their views or ideas, and there won’t be disagreements from time to time.  It does mean accepting that both sides have their own independent voice.

There are other cuts in the budget to employment relations education funding which enables unions and employers to provide education on productive employment relationships and rights at work.  That’s been significantly cut for the second year in a row – a small amount now reduced to almost nothing.

Productivity increases require the involvement of workers.  If the government doesn’t get that, then we are doomed to be a long hours, low wage, low skill economy for the foreseeable.

Mind you, Bill English thinks our low wages are a competitive advantage.  These cuts just confirm his views.