The Employment Relations (Flexible Working Arrangements) Amendment Act 2007

Wow. That's a mouthful!

I actually agree with this new bit of law in principle.  However, as with anything "flexible" between an employee and employer there is always a risk of abuse, in this case from the employee.

I do have an issue with some of the wording:

"To provide the employee with appropriate support and information during the course of the request."

I personally think the employer, especially the small business, is already burdened with enough.  If an employee knows about the fact they can request flexible working options, then it's up to the inidividual to be fully informed of their rights. If they can't be bothered, I for one would be concerned about giving them the flexibility they are asking for.

In fact I would go so far as stating I would make it an unwritten company policy that an employee who is clueless about the process would be covered by:

• detrimental impact on performance
• detrimental impact on quality

They would therefore be refused their request.

It would also be necessary to put some very careful monitoring into place which many small businesses simply could not have the resources to do or even the knowledge to do.

Luckily that is covered by:

• burden of additional costs
• detrimental effect on ability to meet customer demand

I continue to dispute that the employer should be tasked with keeping their staff fully informed in matters of employment.

It comes down to empowering people; the more responsibility we take away from someone the less empowered they become.

Unfortunately New Zealand labour laws are generally about dumbing down the labour force, which is why we are so low on the OECD's GDP per Hour tables.  You need a consciencious and educated employee to be productive, something the New Zealand labour force sadley lacks.

I for one will be watching the collateral damage this new law creates as it is tested in employment courts around the country.

I am sure employment law vultures like Garry Pollack, who has historically been quick off the mark to test new labour laws, are on the edge of their seat dribbling in anticipation.