Mental Health Workers Win Discrimination Case Against PACT

Service and Food Workers Union Nga Ringa Tota Media Release

7 March 2013

Mental Health Workers Win Discrimination Case Against PACT

Community support workers employed by Dunedin based care provider PACT have won an important discrimination case against their employer over a dispute that dates back to 2011.

In a decision released this week the Employment Relations Authority found PACT guilty of “deliberate, serious and sustained” actions of discrimination against union members.

The case finds PACT guilty of paying non-union employees more than their unionised workmates despite a written undertaking that PACT would not discriminate. The workers are represented by the Service and Food Workers Union and the Public Service Association.

Service and Food Workers Union spokesperson Ann Galloway said the dispute was an important step in showing respect to the great majority of the workforce and showed there cannot be a place for discrimination at work.

“While we are pleased with the decision, the outcome is bittersweet,” she said. “Staff at PACT spend so much time and energy supporting people with mental health challenges and were really upset when their employer discriminated against them. In 2011 union members worked hard to persuade PACT to increase pay rates by 2% at a time when government funding was only half of that.

“Throughout the process PACT cried poor, threatening to lay off staff if we pushed for increases above 1%. It was a challenging process with what we thought was a fair outcome. Support workers were shocked when PACT then went to the non-union workers and offered them months more back pay than our members received.”

Ann Galloway said the Employment Authority found by offering non-union staff more back pay than was offered to union staff that management had acted unlawfully.

Ann Galloway said the dispute was never with non-union staff but with a management that had forgotten its mission.

“PACT is supposed to be a non-judgemental organisation that respects everyone – whatever their differences. Here we have a case of blatant and calculated discrimination. We can only hope management has learnt a lesson.”

Under the Authority ruling PACT has been fined $10,000 and the parties are to meet again to try and resolve the back pay issue.

The decision affects around 500 workers in Otago, Southland and West Coast of whom 360 are union members. The Public Service Association who were party to the proceedings represents Southland union members

Service and Food Workers Union Nga Ringa Tota

ENDS

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