QUALITY FLEXIBLE WORK

The results of the Quality Flexible Work consultation are now available. If you have any questions about the consultation please contact Cath Edmondson on 04 915 4692 or cath.edmondson@dol.govt.nz.

Overview

Quality flexible work is about people having the opportunity to make changes to the hours or times they work and where they work.  It is also about how careers are organised, how transitions in and out of work are managed and how flexible work is managed in the workplace so that employees and businesses benefit. Work-Life Balance in New Zealand – a snapshot of employee and employer attitudes and experiences was released in 2006.

The Department was asked by the Transport and Industrial Relations Committee of Parliament to consult widely on the mechanisms to deliver flexible working hours.  We have been working with the business sector, unions and workplace leaders to come up with practical ways to introduce and manage flexible work in workplaces. 

The Department released a discussion paper outlining the key issues and possible approaches for quality flexible work.

Flexible Working Arrangements

Does the law provide a right to request flexible working arrangements?

Under the Employment Relations Act, an employee or union can request changes to working conditions when negotiating or seeking a change to an employment agreement. This can include things like flexible working arrangements.

If an employee asks for flexible working arrangements the employer is required to consider and respond to that request.

What grounds can an employer refuse a request?

The Employment Relations Act does not limit the grounds on which an employer can refuse a request.

In responding to a request an employer must not do anything that is likely to, or will mislead or deceive an employee.

Are there any other legal requirements?

The Employment Relations Act 2000 and Human Rights Act 1993 provide that it is unlawful for an employer to discriminate against an employee in their employment on the grounds of their “family status” (which includes the part-time or full-time care of dependants).

In some circumstances, different treatment is acceptable.

More information about discrimination can be found on the Human Rights Commission website.