Unite Union accuses Waikato hospital of breaking law and threatening health and safety of staff and paitents

The Unite Union has accused the Waikato District Health Board of breaking the law in its dispute with hospital orderlies by refusing to attend mediation and using replacement labour during the orderlies strike today and tomorrow.

They also believe the work that the untrained replacement labour is doing is a threat to their own health and safety as well as that of the hospital’s patients.

The law allows for the use of replacement labour from outside the hospital only if there are genuine health and safety considerations. Unite officials claim to have seen the replacement labour from a cleaning services firm transporting patients personal belongings, removing rubbish that posed no risks to anyone, and sorting mail.

Of even greater concern, one untrained replacement worker was seen transporting a body to the morgue in a hearst with only one other orderly. The replacement worker had gloves on his hands indicating he was helping handle the body, which requires two trained staff members to do so. The training for handling bodies is extensive. There are not only health and safety concerns but also cultural and other matters that arise that need specialist training and experience.

If there were genuine health and safety considerations to require outside labour to be brought in then these could have been discussed with the union. In fact the union is under an obligation to provide enough labour to avoid any threat to patient safety and there is a process for resolving any dispute over the number required with an outside adjudicator making a decision if no agreement is reached. The Waikato Health Board took none of the prescribed steps.

The company’s refusal to attend mediation was not only a breach of the bargaining process agreement but a specific requirement of the Employment Relations Act.

Clause 92 says that where the chief executive receives a notice of intention to strike or lock-out in an essential service “the chief executive must ensure that mediation services are provided as soon as possible to the parties to the proposed strike or lockout for the purpose of assisting the parties to avoid the need for the strike or lockout.”

By refusing to attend mediation the Chief Executive has breached his repsonsibilities under the act to try and avoid the strike action. The effects of this action are entirely his responsibility. As a consequence the union will be taking the company to court and will be seeking penalties – including wages lost as a consequence of his inaction.

ENDS

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