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Employment Relations (Probationary Period Repeal) Amendment Bill (Consistent) [2010] NZBORARp 42 (23 June 2010)

Last Updated: 5 May 2020

23 JUNE 2010

ATTORNEY-GENERAL

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: EMPLOYMENT RELATIONS (PROBATIONARY PERIOD REPEAL) AMENDMENT

BILL

1. We have considered whether the Employment Relations (Probationary Period Repeal) Amendment Bill (“the Bill”), a Members’ Bill in the name of Carmel Sepuloni MP, is consistent with the New Zealand Bill of Rights Act 1990 (“Bill of Rights Act”). The Bill was introduced into the House of Representatives on 17 June

2010 and is currently awaiting its first reading. We understand that the next

Members’ Day is scheduled for 30 June 2010.

2. The purpose of the Bill is to repeal the changes made to the Employment Relations Act 2000 (“the Act”) by the Employment Relations Amendment Act 2008. The Bill would repeal sections 67A and 67B of the Act. Section 67A permits some employment contracts to contain a trial provision of 90 days or less. Section 67B provides that an employee whose employment agreement is terminated under a trial provision may not bring a personal grievance or legal proceedings against the employer in respect of the dismissal. The Bill would also amend section 67 of the Act by inserting "or trial" after "probation" in each place where it appears.

3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. This advice has been prepared by the Public Law Group and the Office of Legal Counsel.

Jeff Orr

Chief Legal Counsel

Office of Legal Counsel

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 Biofuel Bill. 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.