Media release from ASMS

"The government's proposed changes to the Employment Relations Act risk creating an environment of intimidation in the health system," said Mr Ian Powell, Executive Director of the Association of Salaried Medical Specialists, today.  Yesterday the Association made oral submissions on the Employment Relations Amendment Bill (No.2) to the Transport and Industrial Relations Select Committee.  The written submission is available on its website www.asms.org.nz.

"The Bill confuses trial periods with the legalising of unfair dismissals.  The 90 day provision is about giving bad employers the power of getting away with unfairly dismissing employees.  This would create a major barrier to the recruitment of senior doctors, especially from overseas.  Who in their right mind would shift home and family to come all the way to New Zealand knowing that in the first 90 days they could be dismissed without justification or explanation?  Ironically specialists already have trial periods of at least 13 years before coming specialists."

"The proposed changes to the personal grievance procedures by removing reinstatement as the primary remedy for unfair dismissal and increasing an employer's discretionary ability to sack employees have dangerous implications for senior doctors.  One implication is a potential muzzling of the right of senior doctors to speak out over patient safety and standards of care.  It is in the public interest for senior doctors to be able to speak out but this is threatened by the proposed changes."

"Rightly so the public will not tolerate a doctor who cuts corners in the diagnosis or treatment of natural justice and fairness of their illness.  Equally so a doctor should not have their career cut short or prejudiced by a health employer cutting corners in disciplinary proceedings.  But this is what this bill seeks to allow."

"It is disappointing that this punitive bill is promoting a much lower standard of national justice and fairness than is required for doctors' professional registration and disciplinary authorities," concluded Mr Powell.