It is unlawful to advertise in a manner that indicates an intention to discriminate or could reasonably be understood as indicating an intention to discriminate. It is also unlawful to allow a discriminatory advertisement to be published. Thus, an employer that places a discriminatory advertisement and the newspaper that runs the advertisement both act unlawfully.

Key Decision Employer Discriminates Failing Accommodate Employees Sabbath Observance

An employee whose religion required him to observe the Sabbath (in this case, from sunset Friday to sunset Saturday) was successful in the Human Rights Review Tribunal in his case of religious discrimination. He had obtained a job at AFFCO’s meatworks, being asked merely if he was available for overtime. In similar employment previously, overtime had been voluntary and the employee had been able to fit it around his Sabbath observance. So, when asked by AFFCO, he had merely answered in the affirmative.

Terranova Approach Zealand Entered Unchartered Domain

Dating back to the pre-industrial era, women in New Zealand have been paid less than men. Over time, discrimination against women in the workplace has been recognised, and legislation has been developed to prevent it. New Zealand’s labour and human rights laws prohibit discrimination in pay or employment opportunity, and provide equal pay for men and women doing the same job, in both the public and private sectors.  Despite the best intentions of the legislation, the gender pay gap has remained.  In the June 2014 quarter, the gender pay gap in New Zealand was 9.9 per cent.  This means that a typical New Zealand male earned about 10 per cent more for an hour’s work than a typical New Zealand female.[1]

Case Failure Accommodate Sabbath Practice Discriminatory

A business that failed to accommodate an employee’s requests not to work Saturdays following his return to the practices of the Seventh Day Adventist Church was found to be in breach of the Human Rights Act by the Human Rights Review Tribunal.

Employment Relations Amendment Bill 2018

On 25th January 2018, the Government announced a new Bill to legislate for fairer workplaces.  The Bill is designed to provide greater protections to workers, especially vulnerable workers, and strengthen the role of collective bargaining in the workplace to ensure fair wages and conditions.

New Bill Legislation For Fairer Workplaces Proposed

The Government introduced a new Bill on 25 January 2018 which intends to amend the Employment Relations Act 2000 with the aim of providing greater protection for employees and workers. The Government believes there is a need to restore fairness and balance into New Zealand workplaces. The changes are as expected and include restrictions imposed on the use of the trial period by businesses employing more than 20 employees, and among other things, restoring statutory rest and meal breaks.

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