E tū is strongly opposed to the Government’s proposal to block some workers going to court to challenge their employment status, in light of Workplace Relations and Safety Minister Brooke Van Velden revealing more details of her plan.

The Minister has announced a new “gateway test” which would stop workers being able to challenge their employment status as contractors, and which was agreed in the ACT Party’s coalition agreement with the National Party.

E tū National Secretary Rachel Mackintosh says the proposed change would be a huge step in the wrong direction.

“The Government’s timing, just after Uber drivers have won their recognition as employees, adds insult to injury. This test will lock in the exploitation which Uber’s current model relies on,” Rachel says.

“All workers deserve proper protections under our employment law. While legitimate contractor arrangements do exist, a worker’s ability to challenge their status is a crucial part of ensuring these arrangements aren’t used improperly to deprive workers of their rights and protections.

“Uber drivers have won in both the Employment Court and the Court of Appeal, demonstrating they are indeed working for Uber, and are entitled to at least the minimum wage, annual leave, public holidays, sick leave, and other entitlements. A responsible Government would use this opportunity to ensure the rights and protections of platform-based workers are adhered to.

“Instead, the Government has chosen the complete opposite approach – a hasty amendment to the Employment Relations Act to deprive workers of the chance to ever challenge the nature of their employment relationship. What they are proposing is explicitly an erosion of workers’ rights.

“It’s particularly galling given the workers most often disadvantaged by improper contractor arrangements are the most vulnerable workers, such as migrants and people who can’t find secure work.

“Van Velden hasn’t met with the Uber drivers. She refuses to meet with unions to discuss this matter. She has, however, met with Uber, and appears to be delivering exactly the sort of proposal this multi-national would want, with complete disregard for how it will harm working people in Aotearoa.”

Rachel says the proposal shows the Minister does not understand the employment relations system.

“Taking a sledgehammer to workers’ rights and protections like this is a clear demonstration that van Velden does not have a solid grasp of the intricacies of employment relations in Aotearoa New Zealand.

“Working people deserve serious political leadership, with ministers who look at complex issues like this and work with relevant stakeholders to develop solutions together. What we have now is a disastrous mix of ignorance and anti-worker attitudes, resulting in dangerous proposals which should have never seen the light of day.

“Our message to the Government is simple: scrap this proposal, and stop the attacks on workers and our communities.”

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