Court of Appeal Rules In Favour of Sleepover Shift Payments

PSA and SFWU
JOINT MEDIA RELEASE
February 16 2011
For Immediate use

The Service and Food Workers Union (SFWU) and the Public Service Association (PSA) say:

Court of Appeal requires disability support workers to be paid the minimum wage for sleepovers

Disability support workers throughout the country are welcoming a Court of Appeal judgment that requires they be paid the minimum wage for providing 24-hour support for people with disabilities and in community mental health facilities.

The Court of Appeal has ruled that disability support workers are working when doing overnight sleepover shifts and should be paid the adult minimum wage for every hour of the shift.

The legal action was launched by the Service and Food Workers Union (SFWU) and the Public Service Association (PSA) in 2007. These unions have thousands of members working sleepover shifts providing 24-hour support for adults with disabilities and in community mental health facilities.

“This is an important issue of justice for members of both unions,” says PSA National Secretary Richard Wagstaff.

“This is a great day for disability support workers throughout the country,” says John Ryall National Secretary SFWU.

“Now this judgment is out, it is time for the Government to fund the sector so that providers can comply with their legal obligations to pay the minimum wage,” said Richard Wagstaff.

“Disability support work is complex and comes with serious responsibility. Up until now disability support workers pay rates have been linked to the chronically low levels of government funding for the sector not the level of skill and responsibility of the work,” said Mr Ryall.

The case before the Court of Appeal involves disability support worker Phil Dickson who is a member of the SFWU.

Mr Dickson works at a residential house in Horowhenua that is home to four men with intellectual disabilities who need 24-hour support. He works 9 –hour overnight sleepover shifts for which he is paid an allowance of $34. This amounts to $3.77 an hour, a third of the adult minimum wage of $12.75 an hour set by the government. The government is increasing the minimum wage to $13 an hour on April 1.

Like others in the sector Mr Dickson is allowed to sleep during overnight sleepover shifts but workers are responsible for the health and safety of residents and need to deal with incidents as they arise.

“I need to be readily available to attend to any incidents and support residents during these shifts,” says Mr Dickson.

PSA member and disability support worker Vincent Harding agrees.

“I’m paid less than $5 an hour when I work sleepover shifts. You can’t get a babysitter for that price, yet I’m responsible for five men with intellectual disabilities and behavioural issues during sleepover shifts. If you’re going to legislate on a minimum wage that has to be applied. So it’s the Government’s responsibility to fund my employers adequately so they can pay me a legal wage.”

ENDS

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