Can Small Employers Expect Union Pickets?

http://www.employment-law.co.nz/blog/can-small-employers-expect-union-pickets

The NZCTU has announced that those small employers who take advantage of the 90 day grievance free period can expect union pickets where employees are unjustifiably dismissed. This ”Name and Shame Campaign” is part of the Union’s opposition to the change to the law that previously required employers to justify the dismissals of employees dismissed at the end and during a trial period.

The NZCTU said it would offer help not only to union but also non-union members. This is a radical departure from traditional union policy that non-union members do not receive any help.

On Morning Report Kate Wilkinson, Minister of Labour, responded with predictable disapproval but most alarmingly she displayed a lamentable ignorance of the law changes she introduced. She stated “Mediation is available, so an employer can’t say good-bye and expect no reasons to be given”. Yep she is right Mediation is available but it is not compulsory unless the parties are directed to attend Mediation by the Employment Relations Authority. The Authority is not going to direct an employer to mediation where it involves alone a challenge to a dismissal during a trial period.

Further how can Kate say employers should expect to give reasons for dismissing an employee when one of the changes she introduced was that an employer is not required to give reasons for dismissal?

Kate also announced that there are protections provided by the Good Faith provisions that “underpin” the Act. There were protections provided by the Good Faith provisions but Kate removed them; in particular she removed the requirement that an employer proposing to dismiss an employee must give the employee access to the relevant information and an opportunity to comment on it before the decision to dismiss is made.

What Kate has demonstrated to us is that employers and employees should not rely on her explanation of the law and should seek advice before making the hard decisions. What she has demonstrated to the Prime Minister is that she is at risk of putting both feet in her mouth.

As for the NZCTU, will they be able to deliver on their threat? We can anticipate that there will be pickets accompanied by a flutter of media attention but under the current government it won’t make a jot of difference. However, will it make a difference to the businesses picketed? Some people might say this is just the advertising they need to give their business a boost. We say the only certainty is that it will give their employment lawyer’s business a boost.