Too Modest a Proposal? Work Rights under the Proposed Constitution Aotearoa

Constitutional lawyers, Sir Geoffrey Palmer and Andrew Butler, have sought to spark debate by publishing a proposed constitution, including a Bill of Rights, for Aotearoa New Zealand (Constitution Aotearoa). The current New Zealand Bill of Rights Act 1990, which is neither entrenched nor superior legislation, guarantees freedom of association but is otherwise silent on work rights. In addition to affirming freedom of association, and freedom from forced labour, Constitution Aotearoa includes three provisions expressly relating to work rights. These are the non-justiciable rights to resort to collective action in the event of a conflict of interest; to satisfactory health and safety conditions; and to earn one’s living in an occupation freely entered into. Is this too modest a proposal which misses the opportunity to provide strong and abiding, fundamental rights for everyone who works? This article seeks to answer that question by drawing on other bills of rights, including those of Canada, Germany and South Africa, and the Charter of Fundamental Rights of the European Union, to consider the work rights which might be included in a new constitution for New Zealand.