PSA welcomes latest 'sleep over' case decision

PSA Media Release
December 14, 2009
For Immediate Use

PSA welcomes latest ‘sleep over’ case decision

The Public Service Association welcomes a further decision by the Employment Court reinforcing an earlier decision by the court that disability support workers should be paid at least the adult minimum wage of $12.50 for every hour they are at work.

The case involves disability support worker Phil Dickson. He works for Idea Services Ltd - a division of IHC - at a community house that is home to five service users with intellectual disabilities.

As part of his job Mr Dickson does 'sleepover' shifts from 10pm to 7am for which he's paid $34. This amounts to $3.77 an hour, less than a third of the minimum adult wage of $12.50 an hour.

Mr Dickson is allowed to sleep during the shift but is frequently disturbed and often has to get up to provide support for the service users living in the community house.

In July the Employment Court ruled that being required to stay on the employer's premises during the night to support people with intellectual disabilities was "work" and should attract the minimum wage.

The court described the responsibilities he has during sleepovers as 'weighty' and 'critical to the business of the employer.'

This decision was appealed by IHC, the National Residential Intellectual Disability Providers, Business New Zealand and the Department of Labour.

They argued that the requirement to pay the adult minimum age of $12.50 an hour should be spread over every hour that a disability support worker is at work.

The Employment Court has rejected that argument in its latest decision. The court finds that “Mr Dickson was entitled to be paid not less than $12.50 for every hour he worked for Idea Services Limited, including the work done during sleepovers.”

“This decision is another significant step in the battle for disability support workers to be a paid at least the adult minimum wage for the challenging work they do,” says PSA national secretary Brenda Pilott.

“The government needs to take notice of these decisions by the Employment Court.”

“That’s because it needs to ensure employers have the funding they need to pay disability support workers, and others working ‘sleepover shifts’, at least the minimum wage,”
says Brenda Pilott.

ENDS

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