Trevor Mallard

The Minister of Labour needs to rely on evidence, not anecdotes in reviewing the personal grievance system, Opposition spokesperson on labour issues Trevor Mallard said today.

"The system for fair dismissals is finely balanced and appears to be working well. It is not clear that there is a problem that needs to be fixed, but any changes that the Minister of Labour is considering to the current system need to be very carefully managed so that the balance is not tipped either in favour of employers or of employees," Trevor Mallard said. "While there has been a bit of noise from employers about personal grievances, there hasn't actually been a lot of evidence of good employers being treated badly.

"It is, however, worth looking into the issue of advocates who use a 'no win, no fee' approach to personal grievances, and whether there are cowboys working in the area who may be raising workers' hopes unfairly and end up being unreasonably expensive on the system."

Trevor Mallard says any extension to the flawed 90 day 'fire at will' law that was introduced by National would be a mistake.

"It already appears that the 90 day employment probation law is acting as a drag on people shifting from job to job because of the perception that it applies automatically, rather than through contractual agreement. This means that the labour market is less efficient as a result of it.

"Times are tough enough for Kiwi workers at the moment, without the added worry that the Government is looking to reduce their employment rights. It's time this Government started giving workers a fair go and that means ensuring that this review won't result in less procedural protection for employees.

"Following proper processes, such as warnings being properly recorded, is particularly important to protect workers from unfair dismissal and to ensure that all employers are acting in a fair and reasonable manner," Trevor Mallard said.