Court of Appeal Ruling has Implications for School Camps and Hostels

CTU Release - Government must accept sleepover decision now

The Government’s claims about the flow-on impact of the Court of Appeal decision on sleepover shifts worked by disability support workers were tested in court and were found to be wrong, said the CTU today.

CTU President Helen Kelly said: “It is time the Government faced up to the fact that disability support workers have been grossly underpaid for years. The Government pays IHC to deliver care services and now it must concede that it has the responsibility to meet IHC’s liability for the underpayment of wages.”

The Court of Appeal upheld the Employment Court decision that disability support workers should be paid the minimum wage for sleepover shifts. In reaching its decision the Court of Appeal stated that it was not persuaded by arguments that paying disability support workers the minimum wage for sleepover shifts would have profound implications for the labour market generally.

“Threatening to change the minimum wage legislation is a desperate response. It would destroy everyone’s right to a living wage. What safeguards would there be for other minimum waged workers that their rates would not be undermined?”

The ruling has implications for our members who sleep-over on school camps and at school hostels. Isea will be monitoring developments and advise members.