Scoop has an Ethical Paywall
Work smarter with a Pro licence Learn More

Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 

E tū appealing Court of Appeal ruling

E tū appealing Court of Appeal ruling on respite home care workers

E tū will be challenging a Court of Appeal ruling which reverses an Employment Court decision granting basic employment rights to respite homecare workers.

Respite workers are paid $75.00 for a 24 hour shift, caring for the disabled while their primary carers take a break.

Former respite worker, Jan Lowe took a case to the Employment Court, which found she was an engaged worker and therefore entitled to the minimum wage and holiday pay.

However, the Court of Appeal has overturned that ruling, following an appeal by the Ministry of Health and the Capital and Coast DHB.

The Court of Appeal found Jan was not engaged by the Ministry of Health, which pays the respite care subsidy, nor the DHB which assesses patients for respite care eligibility.

E tū’s Assistant National Secretary, John Ryall says the union will be taking the case to the Supreme Court.

He says the Appeal Court decision leaves the country’s 35,000 mainly female respite care workers without basic employment conditions and paid a pittance.

“This is a major public policy issue. These workers do a great job and they’re paid just $3.00 an hour. Someone has got to sort it – either the government or the courts”, he says.

“While the Court of Appeal has said that the state agencies do “engage” these workers, they have left open whether the union should be suing the primary caregivers, or even the people with disabilities being supported.

“It is time the Government took responsibility for this mess. They benefit from the poverty payments made to these workers and should immediately negotiate with the union for a long-term solution.”

ENDS

Advertisement - scroll to continue reading

Are you getting our free newsletter?

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 
 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels


 
 
 
 

Join Our Free Newsletter

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.