Historic sleepover case filed

PSA MEDIA RELEASE

October 28, 2010

For Immediate Use

Historic sleepover case filed against disability support employers

The New Zealand Public Service Association has filed legal proceedings against over 30 businesses where our members work sleepovers.

The PSA is seeking the minimum wage for each hour worked on a sleepover.

Today the Court of Appeal is hearing an appeal against an Employment Court decision that found in favour of the workers and ordered payment of the minimum wage for each hour worked on a sleepover.

“This is an historic pay claim designed to remedy the plight of workers in the disability support sector,” says PSA National Secretary Richard Wagstaff.

“The employers that we have filed against and the Government need to take on board the fact that this claim for a minimum wage affects hundreds of workers throughout the disability support sector.

“The purpose of disability support workers sleeping on their employer’s premises is to care for its service users and be able to respond to any incident requiring their immediate attention.

“These employees carry out responsible work looking after some of our society’s most vulnerable members and they deserve to be paid fairly,” says Richard Wagstaff.

The Employment Court ruled on this matter last year finding that because of their important responsibilities and their worth to their employer these workers should be paid the minimum hourly wage for sleepovers.

“The union has sought the minimum wage and wage arrears for its members, many of whom have been working sleepovers for many years.

“It’s difficult to quantify the full amount of the claim as it affects workers in different ways and is a practice that has been going on for a long time,” says Richard Wagstaff.

While the PSA has filed legal proceedings against all these employers, the union is awaiting the outcome of a decision from the Court of Appeal which is currently considering the issue.

“It’s important to remember that this is just one aspect of a whole sector that is poorly paid and undervalued.

“We challenge the government to take responsibility and give the sector the funds it so badly needs to ensure a stable, experienced workforce that is able to provide high quality services for its users,” says Richard Wagstaff.

ENDS

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