With all the excitement around the Rugby World Cup it may have slipped your notice that the long battle by Disability Support workers to be paid minimum wage for “sleepover” shifts looks like it might come to an end by Christmas – if the government gets its act together.
The government, IHC and the unions have reached a compromise deal, which will see the full minimum hourly rate paid for sleepovers by December 2012.
50% of the backpay owed will be paid eight weeks after the government legislates, which will need to happen to enable a variation of the Court’s decision and the very reasonable position taken by the unions of enabling the minimum wage to increase over a period of time.
I’m pleased that after a drawn-out process lasting five years and workers jumping through the hoops and appeals in three Courts, Tony Ryall has finally decided to get the matter settled. I’m also intensely relieved that the government has shelved any idea of amending the Minimum Wage Act to avoid these payments. This would have had an impact on tens of thousands of workers.
The only note of concern is that Minister Ryall is saying legislation won’t be passed before the election. If that happens, there is no trigger for the backpay to be paid and workers will have to wait a lot longer. There’s no reason settlement legislation can’t happen in the next three sitting weeks.
After all, the government managed to ram through significant changes under urgency that removed rights for a whole category of workers so they could please Warner Bros. They can please the nearly 4,000 workers who have made a claim by getting the legislation through the House asap. Labour will co-operate with the government so these workers can be paid.
Well done to Service & Food Workers Union and PSA for hanging in there. You’ve done your members proud.
Darien –
Does the backpay apply to former workers?
If they have registered for the claim I think. You need to ask the SFWU or PSA.
Good post Darien. SFWU members are overjoyed that their five year struggle to have their night work recognised as “work” has been won and is now the law of the land.
They are also pleased that a principled settlement has been reached that, although only a portion of what they are owed, is the largest wage arears settlement ever achieved by a union in New Zealand.
While this struggle has been going on it has become apparent to many New Zealanders that there is an invisible army of low-paid workers who carry out some critical support roles for our older citizens and thousands of people with disabilities.
This is the first step in rectifying the pittance they are paid with the importance of their work.
Great news Darien.
Some Justice at last.
The servant is worthy of his/her hire.
Keep Up The Good Work.
Thanks Darien for your ongoing support both via these communications and also in parliament. Our members can always rely on you solidly standing with them. We all appreciate it.
Well done John. Great battle and great win. Go the Servos!!!
You make a good point that this should be settled quickly. I believe 5 years ago there was a different administration in power who could have sorted it then given that workers’ rights is key to their philosophy. Own goal sir?
Go the workers!
Fight fight fight! 
!
Kevin, Sir is a Madam.
Darien, this is a good outcome for all involved, including the government. What I like about your post is that you make no bones about being the SFWU representative in Parliament, on this issue, which is refreshingly honest, open and transparent. Do you think it will catch on with the ‘representatives’ on the other side of the aisle?
Thank you John Ryall, John and Jennifer. Really pleased the workers are going to get there.
A fantastic settlement, and congrats to the Unions & the workers who held on for justice. The proof of the pudding will indeed be if the national Government get that legislation through in next few weeks – no reason why they should not, since Labour and the Greens will not object to urgency for that purpose.
If the Nats do not put through the legislation, that is a total betrayal of the workers, and they will pay for it at the polls.
Apologies for the ‘sir’ – read the name as Darren. Any update on why Labour didn’t fix this 5 years ago?
@Kevin : There was no ruling until 2007 in the Employment Relations Authority. IHC challenged it and took it to the Employment Court. The government under Labour never joined IHC in challenging the decision, but this government has in both the Court of Appeal and then the Supreme Court – that’s what dragged it out for nearly 5 years.
Thanks Darien – that’s a fair comment and I’m always happy to learn about the background of current issues. I might not see eye-to-eye with you on many issues but natural justice says that if I have to be at my place of work then I am working. If I can go home and be on call then that’s different.
Cheers