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Submissions

NZ Parliament Employment Relations Amendment Bill

Posted in Submission, Government; Tagged Government, Relationships; Posted 9 months ago by DPA Less than a minute to read

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To: Education and Workforce Select Committee
Date: May 2025

 

Purpose

DPA seeks to have the Bill withdrawn due to concerns about its potential negative impact on disabled employees. DPA believes the Bill risks increasing the vulnerability and reducing the job security of disabled workers, who already face significant discrimination in the labour market. This aligns with DPA's overarching mission to work on systemic change for the equity of disabled people.

Summary of DPA submission

DPA opposes the Employment Relations (Termination of Employment by Agreement) Amendment Bill and requests its withdrawal. The core reason for this opposition is the belief that the Bill, despite being framed as enabling mutual agreement, risks increasing the vulnerability and reducing the job security of disabled employees. Disabled workers face an inherent imbalance of power in employment settings, largely due to structural ableism and systemic discrimination. DPA actively advocates for all workplaces to be accessible and inclusive.

DPA is concerned that the Bill would open the door for employers to simply terminate the employment of disabled staff members, especially in instances where they may not organise reasonable accommodations. Since pre-termination negotiations would be inadmissible in employment proceedings, disabled employees would have limited opportunities to challenge discriminatory or coercive dismissals. The Bill is seen as sending a clear signal to employers that dismissing employees who require additional support can be "cleansed" through compensation packages, which does little to achieve the broader goals of creating an inclusive employment environment where all disabled employees can thrive.

Cumulatively, these factors, including the power imbalance and systemic discrimination, make disabled people at greater risk of having the provisions of this legislation used against them by unscrupulous, discriminatory employers.

 

Key Recommendation/Finding:

DPA asks that the Bill be withdrawn.

 

Supporting Statement 1:

The Bill risks increasing the vulnerability of disabled employees through further reducing their job security due to an imbalance of power in employment settings, especially given existing structural ableism and systemic discrimination.

 

Supporting Statement 2:

Because pre-termination negotiations are inadmissible in employment proceedings, disabled employees will have limited opportunities to challenge discriminatory or coercive dismissals.

 
 

 

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DPA Submission 2505 NZ Parliament Employment Relations Amendment Bill (DOCX)

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