News just in from the Ministry of Health regarding the sleepovers case – where the Court of Appeal determined that disability support workers were working when they stayed over in IHC premises, and therefore should be paid minimum wage for every hour worked.
“The Government, health and disability service providers and unions have agreed to enter negotiations on payments for staff who work sleepovers in the light of the recent Court of Appeal decision. These discussions are due to start on 1 April 2011.”
Good. That’s what Labour said they should have been doing way back. They should have saved the expense of joining the Court of Appeal case and got on with doing the right thing.
Still, better late than never.
@Tracey – Yes, I agree. That would be good, and while there are ways to do this you’d have to have the time to do it. It’d be easy to make it a full-time job out of it, unpaid of course. Maybe the Left could somehow get some sort of trust set up that funds a research/action group to counter the untruths we’re force-fed by the Right.
For me what’s annoying about Labour is that they opposed so much of what the nats did in the 1990s then turned around and did it themselves after 1999. Now, when anyone tries to question that all we get is silence. I like the idea of cleaning up our own backyard too. Labour either doesn’t want to or thinks it’s already clean. We don’t know which it is because they won’t talk.
@Peter – Please don’t take anything I say as guidance. It’s just a blog.
LOL Anton the backyard I’m seeing has a lot of dog-poop in it and I wonder if anybody has the ability to clean it up!
By the way I found the service provider contracts on the MoH website, if IHC have the generic contract, under Section 20 (it’s too long to post here) by my bush-lawyer reading of the document the only remedy IHC have where they (IHC/Govt)agree to the problem but not to the solution is to terminate the contract. Although both parties are expected to negotiate in good faith (!)
Robbo, looks like they’re talking now, so that’s good. The contract issue may been a lever for IHC, but am guessing the consequences for government if IHC stopped providing the service may have had something to do with it, too. Ryall coming out saying they’ve got no money really was quite funny. If he sticks to this line during discussions then they’ll go right back to the question of who’s going to provide the care. Still, guess government’s still got the option of just legislating the problem away. Ryall probably got the discussions going with the intention of never fixing the problem so when they break down he can blame the unions for forcing the need for a law change. Would be right up his alley.
Probably right. If I was the Union I’d say as little as possible and just sit there interrupting occasionally reminding (a) IHC they have a legal obligation to repsect the court decisions (b) Govt they have a moral obligation under the services contract to resolve the issue
Although it would be tempting to add (c) if you can find $1.7 billion for SCF you can find $300 million for disability care workers =)
Honestly, I don’t think legislating the problem away is an option, at least retrospectively. I stand to be corrected.
An appeal was filed yesterday by MOH in Court of Appeal.
The only politician to do a press realise was Catherine Delahunty of the Green Party!!! Catherine has been the only politician to take any interest in our case. It is amazing that we have 120 Members of Parliament and only one can see an injustice is happening.
7 April 2011
Justice delayed for family carers if Govt appeals again
The Ministry of Health should stop wasting time and money appealing against the ruling that disabled people have the right to pay family members for their care, the Green Party said today.
Nine families have been engaged in court action seeking the right to pay family carers since 2009. Their case was upheld by the Human Rights Review Tribunal and the High Court. The Ministry of Health has until tomorrow decide whether to appeal the High Court ruling to the Court of Appeal, and is widely expected to do so.
“Justice delayed is justice denied. Every time the Government appeals against these brave families, a resolution is delayed for months,” Green Party Disability Spokesperson Catherine Delahunty said.
“It’s time for the Ministry of Health to admit it is on the wrong side of this issue, and stop throwing good money after bad in appeal after appeal.
“Endless legal action is a colossal waste of taxpayers’ money. I have lodged requests to find out exactly how much these appeals have cost, but we know anecdotally that it is well into the millions.
“Not only is this an irresponsible use of taxpayer funds, but it is an unacceptable delay for families affected to be forced to wait months for yet another decision.
“Meanwhile families around the country will continue to struggle with current arrangements. Disabled people often have to pay numerous contract carers to look after their needs. It is bizarre that they are required to train outside carers, if they have family members who they are comfortable with and who are able and willing to care for them at home.
“The Human Rights Review Tribunal and the High Court have upheld that disabled people have the right to choose to pay family members for their care, and family members who do this important work have the right to be fairly compensated for it.
“It is mean-spirited and wrong for the Government to fight so hard to continue to breach the human rights of some of its most vulnerable citizens.”