Ep 56 N8 23rd Jun 23 - Beating the Slave Drivers

Ep 56 N8 23rd June Beating The Slave Drivers

Join us tonight for our next super informative and enjoyable zoom where Liz guides us through how to beat The Slave Drivers through the Employment Relations Act and how it work for collective and individual contracts.


In Employment Relations Act S62
Terms and conditions for first 30 days of employment of new employee who is not member of union


(1)This section—
(a) applies to a new employee who—
(i) is not a member of a union that is a party to a collective agreement that covers the work to be done by the employee; and
(ii) enters into an individual employment agreement with an employer that is a party to a collective agreement that covers the work to be done by the employee; but
(b) does not apply to an employee who—

(i) resigns as a member of a union and enters into an individual employment agreement with the same employer; or

(ii) enters into a new individual employment agreement with the same employer.


We also discuss TOIL - Time Off In Lieu - This must be given to all workers when they work more than their contracted hours and the employee must have the opportunity to take this form of leave. If there is TOIL owing when an employee leaves that employment, they must be paid out for that TOIL.

We also discuss how a salaried employment contract cannot not be used to drop an employees pay rate by not ensuring employees get TOIL and the opportunity to take it.


How many salary slaves are there out that are not being paid correctly and exploited?

N8 is going to be on this like a ton of bricks!

Tell your salaried friends! Share this recording!

Timeline:

00:39 Liz: Beat the Slave drivers – Individual contract - Section 62 Employment Relations Act 2000 - Terms and conditions for first 30 days of employment of new employee who is not member of union – ERA supports both collective and individual agreements – Employer must treat each person equally – Members of N8 cover every person no matter which situation – Salaried workers – Does not cover

09:49 Liz: Section 62 (5) ERA 2000 GEM – No term or condition of employment may be expressed to alter automatically after the 30-day period in a way that makes it less favourable to the employee than the collective agreement – TOIL Time Off In Lieu – Example of salaried worker overworking and toil application – Toil to be paid when employment ends – Teachers are being exploited in the workplace and N8 wants to put an end to this

17:28 Liz: Section 3 Employment Relations Act 2000 - Object of this Act – Good faith discussed, idea come from common law – Compulsory unionism ended late 60’s – Advantages of being in a good union = N8WUNZ – Note (ab) to promote the effective enforcement of employment standards, in particular by conferring enforcement powers on Labour Inspectors, the Authority, and the court; Section 4, Parties to employment relationship to deal with each other in good faith – Acknowledging the inherent inequality of power and employment relationships - Promoting collective bargaining and protecting the integrity of individual choice

22:15 Liz: C87 Freedom of Association and Protection of the Right to Organise Convention, 1948 – New case of discrimination – Section 21 Human Rights Act 1993 - Prohibited grounds of discrimination - Section 21 (1)(a) sex, which includes pregnancy and childbirth – Section 21 (m) sexual orientation, which means a heterosexual, homosexual, lesbian, or bisexual orientation, that’s all there is – Nurses Council has discriminated – No discrimination against heterosexuals and Christians – Case of discrimination from Airline to worker and union stepped in on members behalf – Have to draw a line in the sand cause these people will, not just cross it, but kick the sand in your face – Union will follow the law – No such thing as hate speech in NZ, right to free speech in NZ

32:43 Liz: Remedies of PIN, section 84 for health and safety concerns in the workplace or Section 83 to withdraw labour until health hazard is sorted

34:33 Open chat: Movie recommendations – Freedom village documentary “We Came Here for Freedom

43:18 Tim & Liz: Whistleblower clause is for employee’s

46:21 Liz: Death by Marketing – Section 20 (3) Medicines Act 1981, Restrictions on sale or supply of new medicines - No consent given under this section shall be deemed to warrant the safety or efficacy of the medicine to which the consent relates – False advertising/misrepresentation – No claims can be made about its safety and if they do? – The Act binds the crown – Should they be sued – Whistleblower continued – Section 23 Medicines Act 1981 - Minister may give provisional consent

54:16 Liz: Fluoride is not a medicine, should be hazardous substance – Can’t medicate population without consent – Case: New Health New Zealand Incorporated v South Taranaki District Council NXSC (59), Fluoride case needs to be reheard – Reference to Yardley case – There are no group rights in NZ BoRA – The individual can never be defeated by the group (public health) under the New Zealand Bill of Rights Act 1990 – Section 5, 8,9,10 & 11

59:16 Liz: Equal suffrage means vote is worth one vote – Universities wanted university graduates to have two votes – But under the New Zealand Bill of Rights Act 1990 Section 12, Electoral rights are by equal suffrage and secret ballot – Entrenched but can be changed with referendum – Self-identification – PC happenings – Point is every person is singular – All sections talk about individual – Australia equivalent mentions individual – Section 5 BoRA NZ Justified limitations explained

01:08:23 Liz: Fluoride into the water using section 5? Bypass by saying you can just buy other water and not drink from the tap? – Same argument as Nazi’s for the general good – Same jab situation – Who is the anonymous person to be protected – Counterspin documentary and fluoride proven to do as much damage as lead – Dropping IQ’s

01:16:27 Liz: Three strike man Section 9 New Zealand Bill of Rights Act - Right not to be subjected to torture or cruel treatment - FITZGERALD V R three strike rule breaches s 9 BORA 1990 – Reinforcing individual rights

01:19:22 Tim & Liz: Living being, bond, UPPERCASE NAME chat – Crown is administrative body – Don’t get distracted when trying to win a case – Focus on each what the Act is for - Not just a living being but a being with reasoning powers – NZ BoRA 1990, An Act (a) to affirm, protect, and promote human rights and fundamental freedoms in New Zealand, has nothing about groups or companies

01:25:50 Tim: Q: Siracusa Principles – Liz: Mentioned in these cases that have come up but not really pushed were that even in a state of war these principles of human rights cannot be derogated from by the state – Judges trials – 1688 BoRA Limitation of the Crown – Coronation Oath of King Charles III

01:30:41 Emz: Private Corporation founded in 1912 called the Federation of State Medical Boards manipulating registrations of doctors – Unelected like the UN – Treason – Youth need to be educated on their rights – Open chat

Content links:

Section 62 Employment Relations Act 2000 - Terms and conditions for first 30 days of employment of new employee who is not member of union
https://www.legislation.govt.nz/act/public/2000/0024/latest/DLM59143.html

Section 3 Employment Relations Act 2000 - Object of this Act
https://www.legislation.govt.nz/act/public/2000/0024/latest/DLM58323.html

C87 Freedom of Association and Protection of the Right to Organise Convention, 1948
https://ilo.primo.exlibrisgroup.com/discovery/fulldisplay/alma994956268602676/41ILO_INST:41ILO_V2
https://www.ilo.org/public/libdoc/ilo/1948/48B09_45_engl.pdf

Section 21 Human Rights Act 1993 - Prohibited grounds of discrimination
https://www.legislation.govt.nz/act/public/1993/0082/latest/DLM304475.html

Section 83 Health and Safety at Work Act 2015 - Right of worker to cease or refuse to carry out unsafe work
https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5977016.html

Section 84 Health and Safety at Work Act 2015 - Health and safety representative may direct unsafe work to cease
https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5977018.html

THE TRUE STORY OF THE WELLINGTON PROTESTS THAT THE NEW ZEALAND GOVERNMENT TRIED TO IGNORE AND THE MEDIA ATTEMPTED TO SUPPRESS.
https://wecamehereforfreedom.com/

Protected Disclosures (Protection of Whistleblowers) Act 2022
https://legislation.govt.nz/act/public/2022/0020/latest/whole.html

Section 20 (3) Medicines Act 1981 – Restrictions on sale or supply of new medicines
No consent given under this section shall be deemed to warrant the safety or efficacy of the medicine to which the consent relates.
https://www.legislation.govt.nz/act/public/1981/0118/latest/DLM55054.html

§ 23 Medicines Act 1981 - Minister may give provisional consent
https://www.legislation.govt.nz/act/public/1981/0118/69.0/DLM55061.html

New Health New Zealand Incorporated v South Taranaki District Council NXSC(59) – Fluoride case
High Court Ruling 2014
https://fluoridefree.org.nz/wp-content/uploads/2023/03/Fluoridation-High-Court-Ruling.pdf
Appeal Court Ruling 2016
https://fluoridefree.org.nz/wp-content/uploads/2023/03/Legal-Court-of-Appeal-Ruling-Sep-2016.pdf

https://fluoridefree.org.nz/fluoridation-is-compulsory-medical-treatment-nz-supreme-court-rules-june-2018/
https://fluoridefree.org.nz/can-people-sue-councils-or-dhbs-for-fluoridating-the-water/
https://www.stuff.co.nz/taranaki-daily-news/news/105048182/taranaki-council-wins-legal-fight-to-put-fluoride-in-water Wrongly decided case as mentioned by Liz
https://www.tompkinswake.com/insights/knowledge/supreme-court-upholds-councils-power-to-fluoridate-water/
https://www.odt.co.nz/star-news/star-lifestyle/waverley-water-fluoridated-first-time-new-water-treatment-plant-opens 2020

New Zealand Bill of Rights Act 1990
https://legislation.govt.nz/act/public/1990/0109/latest/DLM224792.html

Section 5 New Zealand Bill of Rights Act 1990 - Justified limitations

Subject to section 4, the rights and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
https://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM225501

Section 8 New Zealand Bill of Rights Act - Right not to be deprived of life
https://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM225506

Section 9 New Zealand Bill of Rights Act - Right not to be subjected to torture or cruel treatment
https://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM225507

Section 10 New Zealand Bill of Rights Act - Right not to be subjected to medical or scientific experimentation
https://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM225508

Section 11 New Zealand Bill of Rights Act - Right to refuse to undergo medical treatment
https://www.legislation.govt.nz/act/public/1990/0109/latest/whole.html#DLM225509

Counterspin Fluoride Episodes
https://counterspinmedia.com/blog/resources-videos/episode-91-fluoride-free-new-zealand-more-evidence-that-your-government-hates-you/
https://counterspinmedia.com/blog/resources-videos/the-william-bisset-report-safe-or-not-pharmacist-says-no-to-fluoride/

FITZGERALD V R [2021] – Section 9 NZ BoRA 1990 - Right not to be subjected to torture or cruel treatment
https://www.courtsofnz.govt.nz/assets/cases/2021/2021-NZSC-131.pdf
https://www.franksogilvie.co.nz/news/case-brief-fitzgerald-v-r-2021-nzsc-131
Summary: The majority of the Supreme Court found the three strikes regime is subject to section 9 of the New Zealand BORA. This means the High Court should not have imposed the maximum sentence for Mr. Fitzgerald’s third strike offence where it was grossly disproportionate to the seriousness of the offence.

Three-strikes law
https://en.wikipedia.org/wiki/Three-strikes_law

The Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights
https://www.icj.org/wp-content/uploads/1984/07/Siracusa-principles-ICCPR-legal-submission-1985-eng.pdf

Bill of Rights 1688 - Limitation of the Crown
https://www.legislation.govt.nz/act/imperial/1688/0002/latest/whole.html#DLM4663823

Read the full text of the Coronation Oath of King Charles III
https://www.thestar.com/news/world/royals/2023/05/06/oath-full-text-coronation-king-charles.html

Additional:

Gazette 3 Feb 2021- Provisional Consent to the Distribution of a New Medicine
https://gazette.govt.nz/notice/id/2021-go338

55. Provide the final Clinical Study Reports for Study C4591001 and Study BNT162-01 within five working days of these being produced
https://www.dia.govt.nz/COVID-19-Response-Update-Wednesday-3-February-2021