Sweeping changes to labour laws announced

Prime Minister John Key. File photo / Natalie Slade.

The Government today announced sweeping changes to labour laws, including changing the test for reasonable dismissal to make it easier for employers to fire workers.

At the National Party annual conference this morning, Prime Minister John Key confirmed plans to extend the 90-day trial for new workers to all businesses.

Currently the trial, under which workers can be dismissed within 90 days without being able to take a personal grievance case, is only available to companies with less than 20 workers.

Click here for John Key's speech

Mr Key also announced tighter union access to workplaces. Unions will need the consent of employers, which cannot be unreasonably withheld.

The policy was part of the party's 2008 manifesto, but has enraged unions.

Among other changes to the Employment Relations Act, the test for justified dismissal will be changed from what a reasonable employer "would" do, to what a reasonable employer "could" do.

The change makes the test easier to justifiably dismiss a worker.

Further changes to the Employment Relations Act include

* Promoting mediation by providing that the Employment Relations Authority gives priority to mediated cases

* Developing a Code of Professional Conduct for employment representatives

* Enabling Authority members to throw out frivolous or vexatious cases at an early stage

* Allowing Authority members to award penalties against parties who fail to attend investigation meetings without good cause

The changes come as hundreds of workers and union officials protested outside the conference in Auckland's SkyCity Convention Centre.

Mr Key said the changes were important to promote growth.

"Employment growth happens because a business is prepared to give someone a chance - often someone they have never met before and know very little about.

"The extension of the 90-day trial period to all workplaces is all about giving prospective employees a shot at work, and giving employers the confidence to hire."

A Department of Labour report, released yesterday, showed that 40 per cent of employers who had used the scheme said they would not have hired the workers, or were unlikely to have, if the scheme had not been available.

But it also found anecdotal evidence of employers abusing the system and mistreating workers.

Labour Minister Kate Wilkinson said the changes would save time and money.

"While the current system generally works well, it can prove time-consuming and costly. The changes resolve disputes quickly and inexpensively."

The changes come from the perception that the current process focuses too much on process, and not enough on outcome.

Cases of clear wrongdoing from a worker can see the worker re-instated just because the proper steps were not followed.

They also aim to promote mediation and ease the workload on the Employment Relations Authority.

The Government also announced changes to the Holidays Act, including being able to trade the fourth week of holiday leave for cash, if employers and employees both agree.

Other changes are:

* Workers with irregular hours will have their pay for sick leave, bereavement leave, public and alternative holidays calculated by averaging gross earnings for the preceding 52 weeks or whatever lesser period the employee has been with that employer

* Employers and employees will be able to agree to transfer the observance of public holidays to another (identified) working day

* Employers will be able to ask for proof of sickness or injury of an employee taking sick leave, but will have to cover the employee's reasonable costs in obtaining proof

* Maximum penalties for non-compliance with the Holidays Act will double from $5000 to $10,000 for an individual employer, and from $10,000 to $20,000 if the employer is a company

There will be no change to holiday and leave entitlements.

A bill to make the changes will come to Parliament shortly, where it be referred to a select committee for public submissions.