19 Feb 2011

Long wait for payout to disability care workers

6:50 am on 19 February 2011

Disability care workers are facing an uncertain wait for better pay, as the Government considers changing the law in order to avoid meeting the cost.

The Court of Appeal has ruled that disability support staff should receive the minimum wage for every hour spent at care homes while on sleepover shifts.

A residential home worker in Auckland, Vincent Harding, says he is pleased about the ruling but believes those who hold the purse-strings will do all they can to find a way out of honouring it.

Care organisations say they will need financial help to avoid having to cut services.

Government 'formulating response'

Health Minister Tony Ryall says the Government will take some weeks to formulate a response and changing the law is one option, because, he says, the multi-million-dollar price-tag is unaffordable.

Mr Ryall says the ruling could be hugely expensive for schools as well. He says they might have to start paying an hourly rate to teachers and aides on school camps, which could cost $60 million in back pay alone.

NZEI president Ian Leckie says there should be no distinction between teacher aides and disability workers when it comes to sleepover payments.

CTU says ruling must be accepted

The Council of Trade Unions says the Government must accept the decision.

President Helen Kelly says the CTU's reading of the judgment is that the law change should reflect the night work that carers do - something that was not anticipated in the 1983 Act.

Ms Kelly also says the Government is exaggerating the costs of the decision.