New Zealand Journal of Employment Relations (Online)

Articles from Vol. 37, No. 1, 2012

An Evaluation of Whether New Zealand's Occupational Health and Safety Law Adequately Addresses the Risks to Workers Exposed to Nanotechnology and Nanoparticles
IntroductionNanotechnologies use processes to create novel materials and particles sized between one to 100 nanometers, although this metrology is not uncontested.1 Nanoparticles (NPs) have different physical, chemical and biological properties from...
An Uneven Playing Field - Partial Strikes
IntroductionIn 2002, fire fighters in the United Kingdom went on strike, creating widespread fear and causing the armed forces to step into the breach to provide emergency service cover. In New Zealand, the announcement in 201 1 that 1,800 fire fighters...
Australian Labour Law in Transition: The Impact of the Fair Work Act
IntroductionThe last two decades have seen almost constant change in Australian labour law. Since the Hawke Government replaced the Conciliation and Arbitration Act 1904 with the broadly similar Industrial Relations Act 1988, there has scarcely been...
Bargaining Fair Work Style: Fault-Lines in the Australian Model
AbstractThe model of good faith bargaining introduced by the Fair Work Act 2009 (Cth) requires bargaining representatives to bargain in good faith with every other bargaining representative appointed by an employer or employee. This obligation is producing...
Equality and Family Responsibilities: A Critical Evaluation of New Zealand Law
AbstractThe causes of women's persistent inequality in the workplace are complex but work-family conflict and gendered patterns of care-giving undoubtedly play a role. This paper describes existing New Zealand law designed to prevent discrimination against...
Good Faith in Collective Bargaining Communications in Australia and New Zealand
AbstractCommunications during collective bargaining are of central importance to the conduct of employment relations in Australia and New Zealand as they may substantially impact collective bargaining outcomes. Although communications during collective...
Hunting for Happy Feet in Honolulu: The Elusive Struggle for Pay Equity - A Comparative View
IntroductionThe National-led Government campaigned during the 2008 election campaign on closing the income gap with Australia.1 Shortly after being elected as Prime Minister, John Key stated:2I am horrified that the gap between our wages and those in...
Introduction
On 3 June 2010, the New Zealand Labour Law Society was launched in Auckland by its Patron Judge Coral Shaw. The launch was sponsored by the NZWALMI (New Zealand Work and Labour Market Institute) which has continued to support the Society with administrative...
New Zealand and the Proposed Australian Model Workplace Health and Safety Act
IntroductionThis paper compares the scope and coverage of the proposed Australian Model Workplace Health and Safety Act (MWHS Act) with the New Zealand Health and Safety in Employment Act 1992 (HSE Act). It contrasts broader coverage of "workers" and...
Returning Dignity to Labour: Workplace Safety as a Human Right
AbstractUniversal human rights are derived from respect for human life and the inherent dignity of the person. As signatory to all major United Nations' human rights instruments, New Zealand is a 'human rights State'. However, New Zealand workers experience...
Revisiting Stokes Valley: Trial Periods and Statutory Interpretation
The introduction of up to 90 day trial periods for employees in 2009 and their extension from employers with fewer than 20 employees to cover all employers earlier this year has generated much debate.1 Those in favour of the change argued that 90 day...
The Rule of Law in Private Law: A New Animating Ideal for Employment Law?
IntroductionLaw exists so that principles, and not purely power, govern relations between people in a society. The rule of law, by extension, is just concerned with maintaining and upholding, steadfastly, those principles of law against the reach of...
Time, Work, and Law: A New Zealand Perspective
AbstractNew Zealand is popularly perceived as a laid back place where individuals might choose to live to enjoy a slower paced life style. However, the reality is that New Zealanders work some of the longest days and the most hours per annum in the OECD.In...