A union is taking legal action against a community health company saying it has failed to give staff their entitled breaks and correct pay for more than a year.
Photo: 123RF
The Public Service Association (PSA) has filed a case with the Employment Relations Authority against Access Community Health, a major employer of home support workers for the disabled and elderly.
The union represents more than 1000 of the company's staff who say they have been missing out on breaks and pay.
PSA national secretary Kerry Davies said Access had failed to give the workers regular hours, provide 10 minute staff breaks and had not paid wages owed to staff after clients cancelled appointments.
"These are essential front line health workers, who provide a crucially important service to elderly, sick and disabled New Zealanders.
"Their employer must pay them properly, allocate them the right amount of hours, and ensure they get 10 minute breaks in the course of their sometimes gruelling work day. "
Davies said the union had continued to raise the issue for "well over a year", but had been "stonewalled" by the company.
"We have the meeting with them constantly trying to find solutions, trying to find out why it's been failing to provide these basics."
She said the union was forced to take legal action to get some kind of resolution after the company was unable to engage or address the breaches of the collective agreement.
Access tried to deflect the problem away, she said.
"Sort of 'look over there, it's not our fault, it's somebody else's fault, it's the funder, it's the scheduling, IT problems'.
"But it all comes back to, over a sustained period of time, not providing the basics for what any ordinary worker would expect in terms of regular hours of work and regular break times."
In a statement, Access Community Health said it employed over 3000 care and support workers nationwide.
It said as one of New Zealand's largest employers, it ensured all of its "teams are able to work in a safe and supportive environment, and are fairly compensated".
The statement added it was disappointing that it had not been approached by PSA prior to hearing of the legal action through the media.
The PSA is seeking wages in arrears with interest for underpaid members and clarification around the certainty of hours.
The union's lawyers filed a Statement of Problem with the Employment Relations Authority on 2 September.
Access Community Health has 14 days to give a statement of reply, before mediation.
"Support workers are tired of being taken for granted," Davies said. "Some may assume they will keep quiet and put up with it because they know how much their clients need them, but those days are over.
"These workers deserve the same respect and dignity that they provide to others.
"They deserve to make a decent, secure living with regular hours you can budget and plan a life around. "
