17 February 2011

You will be aware that a ruling has been determined by the Court of Appeal regarding the Sleepover Case.

While this ruling is very significant, it’s important to remember that – at this stage – it only directly relates to one employee, Mr Dickson, who works for IDEA Services.

The ruling of the Court of Appeal also directs the parties (IDEA Services and Mr Dickson) to attempt to resolve payment issues by agreement.

What happens next?

It’s unlikely that there will be any immediate changes to the way that sleepovers are paid.

Most providers who have sleepover staff are funded for the services they provides by government and largely by the Ministry of Health.

Any change to sleepover payments will not occur until after the Government has made its position clear in response to the Court of Appeal decision.

Once the Minister of Health has declared the Government response, there will no doubt be further negotiation between unions, provider organisations and the Government that will inform any changes to current payment arrangements.

We expect that, until such time as the Government position has been made clear and further negotiation between the parties has occurred, the payment arrangements for sleepover allowances that are in place for staff working sleepovers should remain unchanged.

It’s important that staff who work sleepover shifts are kept informed as progress is made with respect to the above announcements and negotiations, and we advise providers and staff to await further communication rather than making any changes to current arrangements.

Sandie Waddell – Chief Executive
New Zealand Disability Support Network (NZDSN)

ENDS

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