Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - New Zealand (Ratification: 1983)

1. Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the detailed reply provided by the Government to the Committee’s 2002 general observation concerning sexual harassment. It notes that sexual harassment (quid pro quo and hostile environment) is prohibited under the Human Rights Act (HRA) and the Employment Relations Act (ERA). The HRA and the ERA provide for a broad scope of employer liability, which includes actions of clients, customers, and co-workers. Under the HRA, an employer will not be liable if they have taken all "reasonably practical" steps to prevent sexual harassment, such as having an operational sexual harassment policy, effective communication of the policy and regular training. The ERA protects all employees from sexual harassment, including homeworkers and persons intending to work. Under the ERA, the employer has an obligation to investigate sexual harassment complaints and to prevent repetition. The Committee asks the Government to continue to provide information on the implementation of the relevant legislation and the practical measures taken to promote workplaces free from sexual harassment.

2. Article 2. Equality of opportunity and treatment of men and women. The Committee notes the information provided by the Government on the measures taken to promote gender equality in employment. The Government is requested to continue to provide such information in its future reports, including information on the following issues:

(a)  Noting that the eligibility criteria for paid parental leave under the Parental Leave and Employment Protection Act have been extended in 2005, the Committee requests the Government to continue to provide information on the operation of this scheme in practice, indicating its impact on achieving gender equality in employment. Please also provide information regarding the extent to which fathers make use of parental leave entitlements and on whether the scheme has been extended to self-employed persons.

(b)  Noting that the Human Rights Commission underlined in its 2004 report entitled "Human Rights in New Zealand today" the difficulties faced by women returning to the workforce after time away from work for family responsibilities, the Committee asks the Government to continue to provide information on the measures taken to address such difficulties.

(c)  Noting the concerns raised by the New Zealand Confederation of Trade Unions (NZCTU) regarding the low level of female participation in non-traditional vocational training, the Committee asks the Government to provide information on the measures taken to promote a more balanced participation of women in the vocational training programmes concerned, including results achieved.

(d)  The Government is requested to continue to provide information on the activities of the National Advisory Council on the Employment of Women and the implementation of the action plan for new Zealand women, as far as related to the application of the Convention.

3. Article 3(d). Application of the Convention in the public sector. Recalling its previous comments regarding the coverage and application of non-discrimination legislation in the public sector, the Committee notes with interest the guidelines published by the Ministry of Justice on how to apply the non-discrimination standards contained in national legislation in the public sector. The Government is requested to continue to provide information on the practical application of non-discrimination legislation and the progress made in achieving equality of opportunity and treatment in the public sector.

4. Enforcement. The Committee requests the Government to continue to provide information on the enforcement of non-discrimination legislation, including information on relevant decisions of the courts and other relevant bodies.