Is it Discriminatory to Allow Some Employees to Work from Home While Others Cannot in New Zealand?

Question from Dom, Is it Discriminatory to Allow Some Employees to Work from Home While Others Cannot in New Zealand?

Answer from AI:

In New Zealand, employment law is governed by the Employment Relations Act 2000. This law sets out the rights and obligations of employees and employers, including the right to fair treatment and non-discrimination.

Discrimination in the Workplace

Under the Human Rights Act 1993, it is unlawful to discriminate against employees on the basis of certain protected characteristics, such as sex, marital status, religious belief, ethical belief, colour, race, ethnic or national origins, disability, age, political opinion, employment status, family status, or sexual orientation.

If an employer allows some employees to work from home but not others, it could potentially be seen as discriminatory if the decision is based on one of these protected characteristics. For example, if only women or only people over a certain age are allowed to work from home, this could be seen as discriminatory.

Flexible Working Arrangements

Under the Employment Relations Act 2000, all employees have the right to request a flexible working arrangement, which can include working from home. Employers must consider these requests seriously and can only refuse them on certain grounds, such as inability to reorganise work among existing staff or detrimental impact on quality or performance.

Consistency in Policy Implementation

However, if the decision to allow some employees to work from home is based on legitimate business reasons, such as the nature of the work they do, it may not be discriminatory. It’s important for employers to be consistent in how they apply their policies and to make decisions based on fair and transparent criteria.

Legal Advice
If you’re unsure about whether your company’s work from home policy could be seen as discriminatory, it’s a good idea to seek legal advice. A lawyer can help you understand the law and how it applies to your situation.

Resources

• The New Zealand Employment Relations Authority provides information and resources on employment law, including discrimination and flexible working arrangements.
• The New Zealand Human Rights Commission provides information on the Human Rights Act and what constitutes discrimination.

Remember, this information is a general guide and not a substitute for professional legal advice. Always consult with a legal professional for personalized advice.