12. DARIEN FENTON (Labour) Link to this
to the Minister of Labour
Does she stand by all statements that she has made and that have been made on her behalf in relation to the Employment Relations Amendment Bill (No 2)?
Hon STEVEN JOYCEDoes she stand by the statement made on her behalf in relation to the 90-day scheme on 16 September 2010 that “The Government has always said that the good-faith requirements to be communicative and responsive with employees … imply and include telling employees why a trial period has not worked out.”?
What sanctions apply to an employer who refuses to give a reason for dismissal under the 90-day scheme, and what remedies does an employee have available under her proposed law?
The Government made sure there were adequate protections in the bill in a number of areas in terms of the trial period.
Requiring any trial period to be entered by written agreement; allowing the trial period only for new employees; retaining good faith, which is the aspect the member refers to; protecting employees against discrimination; and ensuring employees on a trial period are treated the same as all other employees regarding leave, wages, and other entitlements.
What remedies are available to an employee who is dismissed under the 90-day scheme and given no reason, given that section 113 of the Employment Relations Act says: “If an employee who has been dismissed wishes to challenge that dismissal or any aspect of it, for any reason, in any court, that challenge may be brought only in the Authority under this Part as a personal grievance.”, yet section 67B says that a person dismissed under the 90-day scheme “may not bring a personal grievance or legal proceedings in respect of the dismissal.”?
I have to say that my detailed knowledge does not quite extend to all of the matters raised in that supplementary question by the member. In fact, I could not possibly remember them all. If the member would like to put her question in writing, I am sure that the Minister of Labour will answer it for her.