8. Dr WAYNE MAPP (National—North Shore) Link to this
to the Minister of Labour
Will she consider changes to the Employment Relations Act 2000 to limit the unrestricted right of radiographers and other crucial health staff to go on lengthy strikes, as has been unanimously requested by the Canterbury District Health Board; if not, why not?
Hon RUTH DYSON (Minister of Labour) Link to this
The right to strike is not unrestricted. Industrial action is not permitted in the first 40 days after bargaining is initiated. Industrial action in essential services requires that notice be given to the employer and to the Department of Labour, who must then provide mediation to attempt to avoid the industrial action. There is also a requirement to provide life-preserving services as agreed between the Council of Trade Unions and District Health Boards New Zealand. These restrictions and requirements maintain balance in a modern health system and a modern employment relations regime.
Does that answer mean that she has not considered the Canterbury District Health Board’s request that hospital workers be deemed an essential service provider, much like the police, who have binding statutory procedures for settling disputes, or is the Minister of Health just going to sit there and let more and more health workers go on strike?
My answer to the primary question reflected the obvious fact that the member’s question was inaccurate. In my view, our employment relations regime provides a balanced framework.
Darien FentonHow does the right to strike for health workers under current legislation differ from previous legislation?
Health workers were able to strike under the Employment Contracts Act. The key difference now is that unions and employers must agree as to how life-preserving services will be provided during the strike.
Has the Minister given any advice to the Minister of Health to ensure that parties use mediation, instead of us seeing this perpetual round of strike threats, strikes, patients inconvenienced, loss to the public, and huge disadvantage and disquiet in the community?
The Minister of Health is not a party to the negotiations, but actually there is a requirement that parties are referred to the Mediation Service. I am confident that requirement has been met.
Is the Minister aware that in the last 12 months New Zealanders had more strikes than at any time in the previous 10 years, and that this particular 12 months looks like it will even break that record?
The initial reference that I have in relation to health strikes indicates that in this current year, compared with the first three-quarters of 1999, we have had about a third of the number of industrial stoppages. So under that member’s Government the situation was actually a lot worse.
Jo GoodhewCan the Minister understand the desperation that district health boards, like the Canterbury District Health Board, feel when industrial action results in intolerable delays for cancer treatment and makes it very difficult for district health boards to provide the elective surgery that New Zealanders desperately need?