8. Hon TREVOR MALLARD (Labour—Hutt South) Link to this
to the Minister of Labour
Does she agree with all the Prime Minister’s statements on employment relations?
Hon Trevor Mallard Link to this
Was it the policy intention of the Government when it introduced the 90-day trial legislation that the general good-faith provision would override the specific exclusion of the requirement to give reasons for dismissal in writing?
Hon KATE WILKINSON Link to this
The trial period has always been designed to work in the context of good faith. One does not override another; they work in tandem. They both work together.
Hon Trevor Mallard Link to this
Was it her intention that the Interpretation Act would be overruled by her 90-day trial legislation?
Hon KATE WILKINSON Link to this
I think the member is asking me for a legal interpretation of how the Employment Relations Act interfaces with the Interpretation Act. Actually, as a matter of statutory interpretation, I would have thought that the Employment Relations Act was subject to the Interpretation Act.
Hon Trevor Mallard Link to this
Given her last answer, and given the fact that the Interpretation Act makes clear that the specific overrules the general, was it the policy intention of the Government when it introduced the 90-day trial legislation that the general good-faith provision would override the specific exclusion of the requirement to give reasons for dismissal in writing?
Hon KATE WILKINSON Link to this
The intention of the policy and of the legislation is that good faith applies during the 90-day trial provision, with the exemption of section 4(1A)(c).
Hon Trevor Mallard Link to this
Was it the policy intention of the Government when it introduced the 90-day trial legislation that the general good-faith provision would be equal to, override, or be subject to the specific exclusion of the requirement to give reasons for dismissal in writing?
Hon KATE WILKINSON Link to this
The intention of the legislation is that the good-faith provisions apply, and they require an employer to be responsive, communicative, and subject to good-faith provisions.