Legal action is underway to protect the pay and conditions of 18 support workers in South Canterbury who have had to transfer to a new employer.
The PSA has filed urgent legal action with the Employment Relations Authority seeking a determination that 18 Timaru based care and support workers can seamlessly transfer to the new employer, Royal District Nursing Service (RDNS), retaining all current terms and conditions including leave entitlements.
The action is against both RDNS and Health NZ - Te Whatu Ora.
RDNS is taking over the contract from Forward Care Home Health on 1 October. The contract is managed by Health NZ - Te Whatu Ora to provide essential care to elderly and other people with health and mobility issues.
"The process of transferring over has been flawed from the get-go, workers have suffered unnecessary stress which could have been avoided if the law had been followed from the start," said Fleur Fitzsimons National Secretary for the Public Service Association Te Pūkenga Here Tikanga Mahi.
"The law is crystal clear. These workers fall within the definition of 'vulnerable workers' under Part 6A of the Employment Relations Act. This means the transfer should be seamless, workers should retain all terms and conditions.
"What RDNS is doing, with Te Whatu Ora's agreement, is completely out of step with other similar transfers of contracts. All transfers in the Home and Community Support sector across the country over the years have treated the workers as if Part 6a applies and have transferred to the incoming employer on their same terms and conditions.
"Royal District Nursing has not agreed to transfer these workers their leave provisions. This means that those employees will not have an annual leave entitlement, when they start at RDNS and uncertain sick leave entitlements, and may not be able to use their annual leave for another 12 months."
Care and support worker Miriam Patterson has worked for Forward Care for six years, supporting up to 15 clients a day with housework, bathing, meal preparation and other duties.
"This has been really stressful and confusing when me and my colleagues expected an easy transfer to our new employer. I'm really worried that my accrued leave will be paid out, rather than using it as I expected. Nothing should change as I am still doing the same job with the same people just with a new employer so it just seems unfair to make me wait 12 months before I can take leave again."
"This whole situation is unfair," said Fitzsimons. "Te Whatu Ora should not have allowed this uncertainty to happen - it has breached its own good faith obligations under the Employment Relations Act."
The Code of Good Faith for the Public Health Sector in the Act provides that workers are entitled to be employed by any new employer on the same terms and conditions.
The PSA filed its application with the Employment Relations Authority yesterday.
