Showing posts with label Human Rights. Show all posts
Showing posts with label Human Rights. Show all posts

Saturday, 15 June 2024

Day 88 - Community Law - Employment: Access to jobs and protection against discrimination

Employment: Access to jobs and protection against discrimination

From the Community Law, Law Manual On-Line

Your pay and the minimum wage laws

If you’re 16 or older you’re entitled to the relevant minimum wage. However, this changes if a labour inspector has issued an “exemption permit” because you have an impairment that significantly affects your ability to do the job. The exemption permit allows your employer to pay you less than the minimum wage.

When can employers get exemption permits for “significant” impairments?

Before a labour inspector will issue an exemption for you to be paid below minimum wage, the inspector has to be satisfied that the arrangement is reasonable and appropriate. Your wage rate will be stated in the exemption permit, and the rate must relate to your ability to do the job.

Employment New Zealand gives some guidance about how inspectors will decide whether to grant an exemption, which we summarise here:

  • The inspector won’t issue an exemption if they think you should be paid the relevant minimum wage, or if the pay rate offered isn’t fair, or if you’re not happy with the rate.
  • You and the employer should negotiate the pay rate between you, and when you’re discussing this you should consider how you could earn a higher rate of pay than the one that’s proposed. For example, the employer could match your job tasks more closely to your abilities, give you more training or support, or make changes to the workplace (to the physical set-up or to how the work is done), or offer you flexible hours.
  • The inspector will want to check you’ve been given the chance to have an independent representative, support person or advocate when you’re negotiating.
  • The rate you’ve negotiated should be consistent with other comparable exemption permits for disabled people, and you must get all the other minimum standards like holidays.

You can read Employment New Zealand’s guidelines on minimum wage exemptions at employment.govt.nz/hours-and-wages/pay/minimum-wage/minimum-wage-exemptions/

Last Updated 14/06/2024

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Friday, 10 May 2024

Day 51 - NZ Doctor - Disabled people need to be able to participate in decision-making that affects their lives

Disabled people need to be able to participate in decision-making that affects their lives

By: Te Kāhui Tika Tangata Human Rights Commission’s kaihautu tika hauātanga disability rights commissioner Prudence Walker

NZ Doctor: Friday 10 May 2024, 12:52 PM

Undoctored

Most people want the same things. To be part of a community, to be included and to be able to participate. Most want to make decisions for themselves and, if necessary, to be supported to make those decisions. These are human rights.

Disabled people are no different, and the United Nations Convention on the Rights of Persons with Disabilities serves as a reminder that disabled people are entitled to the same rights as non-disabled people.

Recently, several changes have affected, or are about to affect, the lives of disabled people and tāngata whaikaha Māori. I am highly concerned the impact will be a deterioration of rights – which is against both the Disability Rights Convention and Te Tiriti o Waitangi – and will claw back the recent gains that disabled people and tāngata whaikaha Māori have fought so hard for over many decades.

Tangata Whenua are likely to feel a greater impact as a higher proportion are disabled. While 24% of all New Zealanders identify as disabled, this rises steeply to 32% for Māori – an effect of colonisation.

The Disability Rights Convention talks about the obligation of States to closely consult with, and actively involve, disabled people in developing and implementing legislation and policies that affect them.

Disabled people and tāngata whaikaha Māori are practiced and creative problem solvers. In a disabling world, that is essential. So, the people who face barriers to having a good life are best placed to drive how those barriers can be reduced or removed.

Whaikaha - Ministry of Disabled People recently received negative headlines when, in its effort to forestall a budget blow out, it abruptly announced a “pause” on the flexibility in how disabled people could spend entitlements for support, carers and equipment.

The lack of consultation with affected communities prior to the announcement flies in the face of Whaikaha’s previous undertakings and the right to participate. It has eroded disabled people’s trust that their rights are at the forefront of decision-making.

Inaccessible systems, still don’t adequately uphold our rights, and have created many of the barriers that disabled people have to daily navigate.

New Minister for Disability Issues Louise Upston has announced a review to investigate what can be done to strengthen the long-term sustainability of the Ministry and the support services it offers.

As the Minister looks not only at Whaikaha, but across how it interacts with different government systems, engaging closely with disabled people will be critical. Being able to have a say about our lives and to enjoy a decent standard of living runs broader than the responsibilities of Whaikaha.

The recent changes come on top of lifetimes of systemic neglect, underfunding of disability support in many areas, and the misunderstanding and lack of realisation of the rights of disabled people. They have reignited fears about the impact of careless policy on the lives of disabled people.

For example, cuts to the Ministry of Education propose the loss of some roles supporting disabled students and students with learning needs. Any losses in these roles could exacerbate already inequitable access and outcomes for disabled learners. The impact will be disproportionately negative.

Education is essential for the development of human potential, enjoyment of the full range of human rights, and respect for the rights of others.

The latest Child Poverty statistics for disabled children, and children in households with a least one disabled adult, show that one in five (22.3%) are living in material hardship. I fear reported job cuts at Oranga Tamariki including specialist Māori roles will create further hardship for tamariki who will, again, be disproportionately affected.

Aotearoa New Zealand was instrumental in developing the Disability Rights Convention and agreed to continuously improve living conditions for disabled people. As a country we like to think of ourselves as human rights champions, yet our commitments to disabled people are far from fulfilled.

The current situation brought disabled people, carers, and whānau together to highlight the gaps and challenges in the system. Disabled people’s rights must be at the centre of conversations, and every impacted needs to be included.

I look forward to living in – and contributing to – a country that is actively progressing the rights of disabled people so we, our whānau, and our carers live good, dignified lives.

Last Updated 04/06/2024

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