Workers win battle over sleepovers

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Disability workers have to be paid the minimum wage while sleeping over, the Court of Appeal ruled today.

Today's Court of Appeal decision upheld an earlier Employment Court decision which ruled that support worker Phil Dickson, who was employed by IHC subsidiary Idea Services, should be paid the hourly minimum wage while doing a sleepover.

The Court of Appeal found against Idea Services' appeal which argued that sleeping was not working.

It said sleepovers constituted "work" under the Minimum Wage Act because significant responsibility and restrictions were imposed on workers while on sleepovers.

The decision is likely to have wide ranging consequences, with the Ministry of Health estimating last year that total backpay for disability support workers could be as much as $500 million and IHC saying it could not afford to pay for the wage increase.

The Service and Food Workers Union (SFWU) and the Public Service Association (PSA), who represent disability support workers, welcomed the decision and said it would mean workers would now receive a "living wage".

"This is a day of victory for the members of both unions,"said PSA national secretary Richard Wagstaff.

"The Government has been underfunding the disability support sector for years. This case highlights that," Mr Wagstaff said.

Disability support workers carried great responsibility on overnight shifts and deserved to be paid for it, he said.

Disability support worker Vincent Harding said it was unfair that he was paid less than a babysitter.

"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," he said.

Idea Services said tonight it was considering appealing the Court of Appeal ruling which would have serious consequences for the sector.

"The issue has wide-ranging and serious consequences, not just for Idea Services, but for people with intellectual disability, the support staff who look after them, and most residential support services," Idea chief executive Ralph Jones said.

The Labour Party said it was now up to the Government to step up and fund the providers so they could pay their staff the minimum wage for sleepovers.

"These workers provide 24-hour support for some of our most vulnerable citizens with intellectual disabilities and mental disorders," said MP Darien Fenton.

"They have significant and complex responsibilities, but for years they have been paid well below $5 an hour for a night's work."

- NZPA