Fenton Darien: Questions for Oral Answer — Questions to Ministers 
Fenton Darien: Questions for Oral Answer — Questions to Ministers 
[Volume:665;Page:13061] 
10. 
DARIEN FENTON (Labour) 
 to the  
Minister of Labour 
: Does she agree with the Prime Minister’s statement on the 90-day scheme that “employers have generally acted responsibly and workers have been treated fairly”? 
Hon KATE WILKINSON (Minister of Labour) 
: 
 Yes. The Prime Minister’s statement referred to the findings of the Department of Labour evaluation report which also noted that employers view dismissal as a negative outcome and actively try to avoid it. 
Hon Darren Hughes 
: I raise a point of order Mr Speaker. I am sorry to interrupt my colleague but we could not hear the answer. The microphone was not turned on in time for the Minister. Could she repeat her answer please? 
Mr SPEAKER 
: If the Minister would not mind I would appreciate it if she could repeat her answer for the benefit of the House because it was hard to hear it. 
Hon KATE WILKINSON 
: Yes. The Prime Minister’s statement referred to the findings of the Department of Labour evaluation report which also noted that employers view dismissal as a negative outcome and actively try to avoid it. 
Darien Fenton 
: Does the current law state that the 90-day trial period is voluntary and must be negotiated between the employer and employee in good faith; if so would it be acting irresponsibly for an employer to advertise a job as having a 90-day trial period before discussing the option with a prospective employee? 
Hon KATE WILKINSON 
: It is clear that the 90-day trial period is by agreement with the employee. Unless employees want a trial period they do not have to have one but both employees and employers are subject to the provisions of good faith negotiations with that small exception in relation to the 90-day dismissal. 
Darien Fenton 
: Does she therefore consider the numerous employers currently advertising jobs with 90-day trial periods online clearly without any discussion or negotiation with any prospective employee to be acting responsibly; if not what will she do about it? 
Hon KATE WILKINSON 
: Well clearly it is not compulsory for a prospective employee to apply for that job. But this policy is about giving opportunities to people who would otherwise not get them and giving them the chance to prove themselves. 
Allan Peachey 
: What reports has the Minister seen regarding fair treatment in the workplace? 
Hon KATE WILKINSON 
: I have seen reports of a whistleblower branded “sad” and “incompetent”. I have seen reports of a woman rejected for work because of the job her partner did. I have also seen reports of a union worker sacked by the Engineering Printing and Manufacturing Union because he belonged to the ACT Party. All three of those cases can be laid at the feet of the Labour Party and its supporters. 
Hon Trevor Mallard 
: Further to her answer to the last supplementary question from Darien Fenton did she indicate it was her view that people who did not like jobs with an advertisement that indicated that a 90-day period was a requirement should not apply for them? 
Hon KATE WILKINSON 
: What I indicated is that the 90-day trial period requires the consent of the employee and the employee does not have to agree to one. But if employees want to take up opportunities and be given the chance to prove themselves then I suggest that they do avail themselves of this very successful policy. 
Carmel Sepuloni 
: Given that the Government has now twice denied the public the right to have a say on the 90-day fire-at-will scheme—firstly by pushing the legislation through under urgency and secondly by voting down my member’s bill last night—will she guarantee that any extension to the 90-day law will get full select committee scrutiny so that employees who have been done over by unreasonable employers such as those that have been described earlier will have the opportunity to have their say? 
Hon KATE WILKINSON 
: Although that member is making some very misleading assumptions I can say that the extension of the 90-day trial period will be in an employment relations bill that will go through select committee scrutiny. 
Darien Fenton 
: I seek leave to table six job advertisements for a range of positions all of which stipulate a 90-day trial period as a condition of employment. 
Mr SPEAKER 
: What is the source of these advertisements? 
Darien Fenton 
: TradeMe and Seek. 
Mr SPEAKER 
: Leave is sought to table those documents. Is there any objection? There is objection.