12. DARIEN FENTON (Labour) Link to this
to the Minister of Labour
What reports, if any, has she seen on the use of the 90-day trial provisions in the State sector?
Hon Dr WAYNE MAPP (Minister of Defence) Link to this
The Minister has received no formal reports specifically on the use of the 90-day trial period in the State sector. She is aware of the State Service Commission’s guidance to chief executives not to contract out of their ability to use trial periods in collective contracts. I might add that I have also seen a report from the New Zealand Institute of Economic Research that showed that 13,000 new jobs had been created due to the trial periods.
Is she confident that her assurance to the House last year that unless employees want a trial period, they do not have to have one is being applied in the State sector?
Hon Dr WAYNE MAPP Link to this
Yes. Just because there has been guidance from the State Services Commission, it does not mean to say that in particular cases of the individual contract between employer and employee, a trial period would be automatic. It relates to the collective contract as a whole.
Does she believe the 90-day trial period provisions are working as intended, given that the Parliamentary Service has issued guidelines requiring “no rights” trial periods for all new parliamentary employees, when she told the House repeatedly that the fire-at-will provisions would be in employment agreements only by negotiation?
Does she stand by the assurances she gave the House last year that a 90-day trial period must be negotiated in good faith; if so, does the State Services Commission’s direction to State sector agencies not to contract out of, or restrict, any application of the 90-day law meet that test?
Very good—very good. Does she think that parliamentary and out-of-Parliament staff have the right to refuse a 90-day trial period, including those employed by National Party MPs?
Hon Dr WAYNE MAPP Link to this
The use of the 90-day period is always an issue between the employer and employee—a matter of negotiation.