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Employment Relations (Probationary Employment) Bill 2006 (Consistent) [2006] NZBORARp 10 (8 March 2006)

Last Updated: 9 December 2018

Employment Relations (Probationary Employment) Amendment Bill 2006

8 March 2006 Attorney-General

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

EMPLOYMENT RELATIONS (PROBATIONARY EMPLOYMENT) AMENDMENT BILL 2006

1. We have considered the Employment Relations (Probationary Employment) Bill 2006 (‘the

Bill’), a Members Bill in the name of Wayne Mapp MP, for consistency with the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). The Bill was introduced to the House of Representatives on 23 February 2006 and is currently awaiting its first reading. The Ministry understands that the next Members’ Day is scheduled for 15 March 2006.

2. The purpose of the Bill is to introduce a 90 day probation period for new employees into the

Employment Relations Act 2000 (‘the principal Act’). The Bill provides that:

• Either party to a probationary employment arrangement may terminate the employment at any time during or at the end of the probationary period;
  
• Neither party may have recourse to dispute settlement under the principal Act by way of personal grievance or otherwise during the probationary period; and
  
• The parties may to agree to a longer period of probationary employment, and to terms and conditions that are more generous to the employee than is specified in the Bill.
  

3. For completeness, we note that the Bill contains a privative clause (Clause 5, proposed new section 69AD - Limitation on recourse to dispute settlement) which ousts the jurisdiction of the Employment Relations Authority and the Employment Court in respect of personal grievances, mediation services, actions to recover wage arrears, and any other dispute arising during the probationary period. However, subclause (4)(a) preserves the jurisdiction on the Human Rights Commission in respect of complaints of discrimination under the Human Rights Act 1993.
   
4. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.
   

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Employment Relations (Probationary Employment) Amendment Bill 2006. It

should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.