Human rights and employment law should work hand in hand building workplaces that are not only compliant but truly inclusive.
Human Rights Day is not just a date on the calendar; it’s a reminder that fairness, equality, and dignity should guide every aspect of life, including the workplace. Employment is not just a legal contract; it is a social and legal foundation for identity, well-being, and inclusion.
Every year on 10 December, the world observes Human Rights Day, commemorating the adoption of the Universal Declaration of Human Rights (UDHR) in 1948. Among its core principles is the right to work under just and favourable conditions—a right that remains central to New Zealand’s employment law framework.
Why Human Rights Matter in the Workplace
Workplaces should move beyond mere compliance auditing policies, strengthening anti-discrimination frameworks, and investing in diversity and inclusion initiatives. They ought to be champions of fairness, supporting programmes that uphold dignity and respect.
Protecting human rights at work is a shared responsibility that builds stronger organisations and a more equitable society. When employment law and human rights work in tandem, they transform ideals of fairness and respect into everyday realities for every worker.
Embedding human rights into workplaces dismantles structures of dominance and eliminates hierarchical cultures that silence minority voices, gendered norms that limit leadership opportunities, and policies that privilege certain employment statuses. Employment should be more than a binary contract it should be a vehicle for dignity, equality, and social inclusion.
In Aotearoa, the relationship between human rights and employment law is deeply intertwined, reflecting the country’s commitment to fairness, equity, and respect in the workplace.
The Human Rights Act 1993 prohibits discrimination on grounds such as race, sex, age, disability, sexual orientation, religious belief, marital status, family status, political opinion, and employment status. These protections apply across all stages of employment from recruitment and training to promotion and termination, ensuring workplaces remain free from unlawful discrimination.
Building Fair and Inclusive Workplaces
Integrating human rights into employment law ensures workplaces are not only legally compliant but socially responsible. This approach promotes equality, prevents exploitation, and creates environments where individuals can thrive.
Recent developments, such as the Worker Protection Act 2023, which strengthens protections for migrant workers, are positive steps forward. However, there is still a long way to go to eliminate migrant exploitation and align employment practices with international human rights standards.
Employment law in New Zealand is part of a wider global framework shaped by the International Labour Organisation (ILO) a United Nations agency dedicated to promoting decent work and social justice.
New Zealand’s commitment to these standards matters as they measure progress against global benchmarks. Courts often reference international labour standards when interpreting ambiguous provisions or assessing fairness in employment practices. This aligns with New Zealand’s obligations under the Bill of Rights Act and its ratification of key ILO conventions.
We still have a way to go. Despite legislative progress, significant challenges remain.
The downgrade of fair pay legislation remains a weeping sore.
Pay gaps persist for women, Māori, and Pasifika workers, and discrimination complaints continue to surface across industries.
Migrant workers and those in precarious employment remain vulnerable, requiring stronger enforcement, education and access to resources.
Accessibility for people with disabilities and the prevention of bullying and harassment demand urgent attention. Despite numerous workplace reviews, bullying remains prevalent in New Zealand’s employment landscape, and harassment continues to occur revealing systemic failings within core organisations.
Human Rights Day reminds us that achieving equality is an ongoing journey, not a destination.
Employers can review workplace policies, strengthen anti-discrimination measures, and invest in diversity and inclusion training. Recruitment, pay, performance, and promotion processes should be designed to eliminate bias and discrimination.
Employees also play a vital role. They can advocate for fairness, support initiatives that uphold dignity and respect, and actively participate in creating inclusive workplaces. Protecting human rights at work is a shared responsibility that builds stronger communities and a fairer society. Employees should report concerns, support inclusive policies, and use formal complaints and dispute resolution processes such as the Employment Relations Authority (ERA) and the Court where there are risks to human dignity and rights.
Ultimately, protecting human rights at work means dismantling systemic power imbalances and eliminating workplace hegemony whether through biased promotion practices, informal networks that exclude diverse talent, or cultures that silence minority voices.
Human rights and employment law should work hand in hand to transform fairness, dignity, and respect from aspirations into daily realities for every worker. Aligning with ILO standards ensures these efforts are measured against global benchmarks, building workplaces that are not only compliant but truly inclusive.
