Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the comments of Business New Zealand, attached to the Government’s report.

Protection against discrimination in the public service. The Committee notes from the Government’s report that members of the public service are being encouraged to familiarize themselves with the Public Service Code of Conduct and can contact or lodge complaints with the human resources manager regarding discrimination based on gender, race or other factors. The Committee notes that there have been no disciplinary proceedings. It further notes the Government’s intention to ensure that measures continue to be put in place to protect vulnerable employees against discrimination based on colour, race, religion, political opinion and social origin. The Committee asks the Government to continue to provide information on the practical application of the Public Service Code of Conduct and any measures taken to ensure that no discrimination occurs, in law and in practice, on the grounds of race, gender and religious beliefs. Please also provide information on the steps taken to ensure that emerging forms of discrimination that may lead to discrimination based on colour, national extraction, political opinion and social origin in employment and occupation are being carefully monitored.

Discrimination based on sex. The Committee recalls its comments relating to sections 7.7(a)–(c) and 7.10 of the Human Resources Manual for the Public Service which may have the effect in practice that women employed in the public service for less than a year may not enjoy maternity protection, including protection against dismissal. The Committee notes the comments of Business New Zealand concerning the provisions in the Manual excluding women with less than one year of service. It also notes the Government’s indication that the amendments to the Manual, including the sections on maternity leave, will be addressed during the implementation of the National Policy and Action Plan for Women 2010–15. The Committee asks the Government to continue to provide information on the amendments to the Human Resources Manual for the Public Service regarding maternity leave, and to clarify the status of the employment relationship of women employed less than one year in the public service who have to take leave from work for maternity reasons (especially confinement and postnatal leave). The Committee also looks forward to receiving a copy of the National Policy and Action Plan for Women 2010–15, and requests information on the specific measures included in the Policy and Plan to promote equality of opportunity and treatment of men and women in employment and occupation.

Employment statistics. The Committee notes the statistics on men and women employed in the different departments of the national public service, and in the General Fono, indicating that 35 men and 27 women are employed in the public service and Teletok, and that three women are members of the General Fono (compared to 17 men). The Committee asks the Government to continue to provide statistics on the distribution of men and women in the various levels and grades of the public service and the General Fono, as well as of the distribution of men and women in the various trades and occupations in the private sector.