Workplace Relations Minister Brooke van Velden's statement that she expects new Employment Relations Authority appointments to reduce compensation awards to workers is an outrageous breach of judicial independence, says the Public Service Association Te Pūkenga Here Tikanga Mahi.
In an interview with BusinessDesk, Van Velden said she hoped new ERA appointees with private sector backgrounds would lead to smaller awards against businesses, citing concerns current members "believe that money grows on trees."
"The Minister's comments are deeply concerning and represent a direct attack on the independence of our judicial system," PSA National Secretary Fleur Fitzsimons said.
"ERA members are supposed to be impartial adjudicators who make decisions based on law and evidence, not political ideology or pressure from Ministers to favour one side over another.
"By publicly stating she expects these appointees to deliver outcomes favourable to employers, the Minister has compromised their independence before they've even started and politicised the ERA's decision-making.
"How can workers have confidence they will get a fair hearing from the ERA when the Minister has already made clear what outcomes she expects?"
Fitzsimons said the comments were yet more evidence of Van Velden's anti-worker agenda and her willingness to interfere with judicial processes, as demonstrated when she cancelled live pay equity claims under Parliamentary Urgency.
"This kind of political interference in judicial processes undermines the rule of law and has no place in New Zealand's democracy.
"The ERA exists to provide fair and impartial resolution of employment disputes. When a Minister starts instructing appointees on what kinds of decisions they should make, that system breaks down.
"Workers facing employment problems deserve to know they will get a fair hearing based on the law and the facts of their case, not the political preferences of the Government of the day."
The PSA is calling on van Velden to publicly retract her comments and commit to respecting the independence of ERA members.
"The Minister should be supporting an impartial justice system that serves all New Zealanders fairly, not trying to stack it to deliver a political outcome," Fitzsimons said.
