No. 111 - Discrimination (Employment and Occupation), 1958

Provisions

• This Convention defines discrimination as including any distinction, exclusion or preference, other than those based on the inherent requirements of a particular job, made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation.
• The terms 'employment' and 'occupation' include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.
• Ratifying countries must declare and pursue a national policy designed to promote equality of opportunity and treatment in employment and occupation, in order to eliminate discrimination.

Administered by

Department of Labour

• Disabled Persons Employment Promotion Repeal Act 2007
• Employment Relations Act 2000
• Equal Pay Act 1972
• Minimum Wage Act 1983
• Minimum Wage Order 2008
• Parental Leave and Employment Protection Act 1987

Ministry of Justice

• Human Rights Act 1993
• New Zealand Bill of Rights Act 1990

Ministry of Social Development

• New Zealand Sign Language Act 2006

Ministry of Women's Affairs

State Services Commission

• Government Service Equal Pay Act 1960
• State Sector Act 1988

There are other agencies and additional pieces of legislation that are relevant, however the aforementioned Acts are the key pieces of legislation pertaining to this Convention.

How New Zealand implements it

• The Human Rights Act prohibits discrimination on grounds specified by this Convention, plus some additional grounds.
• The prohibited grounds of discrimination under the Human Rights Act include sex, marital status, religious belief, colour, race, ethnic or national origins, disability, age, political opinion, employment status, family status, or sexual orientation.
• The Human Rights Act makes it unlawful for an employer to:
  • refuse to employ a qualified applicant for available work;
  • offer a qualified applicant or employee less favourable conditions of work including less favourable fringe benefits, opportunities for promotion, training, and transfer;
  • terminate the employment of an employee, or cause an employee to retire or resign on the basis of one of the prohibited grounds of discrimination.
• There are a number of exceptions that include where the ground is a genuine occupational qualification; and for reasons of privacy. Measures to assist particular groups to achieve an equal place in the community do not amount to discrimination.
• Remedies for discrimination are available under the Human Rights Act and the Employment Relations Act. An employee may choose to use the procedures under either Act.
• An employee may pursue a personal grievance under the Employment Relations Act if he/she has been dismissed, or not given the same employment opportunities as someone with similar skills or qualifications, because of the employee's colour, race, national or ethnic origin; marital status; religious or ethical belief; sex; age; or their involvement with a union. Remedies include reinstatement, compensation, and reimbursement for lost earnings.
• A number of employment and training schemes have been established to assist unemployed and disadvantaged people towards opportunities for employment. Other initiatives to promote equality of opportunity for employees include the Equal Employment Opportunities Trust and the Equal Employment Opportunities Contestable Fund.
• The State Sector Act requires all Government Departments to be 'good employers' and develop an Equal Employment Opportunities programme.
• There is also a range of measures to increase employment opportunities for women, including the work of the Ministry of Women's Affairs, the two equal pay acts, and the Parental Leave and Employment Protection Act that provides leave to either parent after the birth or adoption of a child.
• The New Zealand Sign Language Act promotes and maintains the used of New Zealand Sign Language by declaring it to be an official language of New Zealand.

This Convention is applicable to Tokelau.

Ratified - 3 June 1983

Total ratifications - 166

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