Recently, the government hinted it may be considering a law change that will affect disability carers, after a ruling in the court of appeal called for overnight carers to be paid adult minimum wage and should be entitled to back pay.
Currently, many carers earn less than the minimum wage if working overnight, under the assumption that they – and those they care for – will mostly were sleeping.
Carers say that is absolutely not the case.
Health Minister Tony Ryall called the decision extremely significant, and the ruling has major financial ramifications that need to be considered. Employment lawyers are concerned a change of law will be coming, and this could affect disability carers – and the people they care for.
The court outcome could have a significant impact on the way agencies like the IHC choose to operate. This could result in cuts or changes to services that could endanger the lives and rights of the individuals who require care.
Disability support workers have shockingly low pay rates, and the work, which many believe is similar to "baby-sitting", is complex, demanding and requires skill and experience. The IHC, who receives government funding but relies largely on the charity dollar to fund its work, says it can't afford to pay workers back pay.
Many believe the responsibility should fall on the government, who, said the Service and Food Union representative (who launched the legal action alongside the Public Services Association), should be making a bigger investment in the disability sector.
With an aging population and increases in serious diseases, he isn't wrong. But if the government can't afford to pay the bill - $350 million in back pay, and a $50 million dollar increase in wages according to some figures – a law change might be in order to bring about some kind of resolution to the problem.
Whatever the outcome, it shows the changing nature of employment law in New Zealand. Employment law is an evolving science. If you, or anyone you know, feel unjustly treated by an employer, it pays to talk with a qualified employment lawyer to see what can be done.
Smith and Partners are a law firm specializing in business and corporate law. From complexemployment law to buying a house, we've got a team of experts ready to give you expert advice.
Currently, many carers earn less than the minimum wage if working overnight, under the assumption that they – and those they care for – will mostly were sleeping.
Carers say that is absolutely not the case.
Health Minister Tony Ryall called the decision extremely significant, and the ruling has major financial ramifications that need to be considered. Employment lawyers are concerned a change of law will be coming, and this could affect disability carers – and the people they care for.
The court outcome could have a significant impact on the way agencies like the IHC choose to operate. This could result in cuts or changes to services that could endanger the lives and rights of the individuals who require care.
Disability support workers have shockingly low pay rates, and the work, which many believe is similar to "baby-sitting", is complex, demanding and requires skill and experience. The IHC, who receives government funding but relies largely on the charity dollar to fund its work, says it can't afford to pay workers back pay.
Many believe the responsibility should fall on the government, who, said the Service and Food Union representative (who launched the legal action alongside the Public Services Association), should be making a bigger investment in the disability sector.
With an aging population and increases in serious diseases, he isn't wrong. But if the government can't afford to pay the bill - $350 million in back pay, and a $50 million dollar increase in wages according to some figures – a law change might be in order to bring about some kind of resolution to the problem.
Whatever the outcome, it shows the changing nature of employment law in New Zealand. Employment law is an evolving science. If you, or anyone you know, feel unjustly treated by an employer, it pays to talk with a qualified employment lawyer to see what can be done.
Smith and Partners are a law firm specializing in business and corporate law. From complexemployment law to buying a house, we've got a team of experts ready to give you expert advice.
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