73.
The Commission further notes that the Government report does not provide
annualised data on employment outcomes for people with disabilities, indicative of
a significant gap in its data collection in this sector. Data gathered by Statistics New
Zealand from the 2013 Disability Survey portrayed extensive disparities in respect of
income, labour market participation (which is affected by the older age profile of the
disabled population), representation amongst professionals and managers84 and
unemployment rates.85 The lack of subsequent annualised data means that it is not
possible to ascertain whether outcomes have improved since 2013.
Protection from harm/exploitation at work
74.
The Commission notes the legislative reforms introduced by the Health and Safety in
Work Act 2015 and the Employment Standards Legislation Bill that have increased
both health and safety standards and minimum contractual standards. The
Commission further notes the intention of the new Government to amend the
Employment Relations Act to restrict the use of 90-day trial periods in employment
agreements to businesses with less than 20 employees. Currently, these trial periods
prevent an employee from bringing a claim against their employer for unjustified
dismissal.
75.
However, New Zealand employment legislation remains out of step with
international standards in respect of young employees. Regulations passed in 2016
continue to authorise the employment of young people with machinery, hazardous
materials and in other high-risk work environments from the age of 15.86
76.
The Commission also notes that in 2014 New Zealand’s Independent Monitoring
Mechanism (IMM) on the Convention on the Rights of Persons with Disabilities
recommended that the Government undertake a full review of the minimum wage
exemption permits system that may be applied to disabled employees by the end of
2014. The Minimum Wage Act 1983 currently provides that minimum wage
exemption permits can be granted to employers in respect of workers who are
significantly and demonstrably limited by a disability. In 2016 the Government
embarked on a work programme to review the current system and consider reform
options.87 However, it appears that this work programme may have stalled.
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