Sleepover settlement - getting your payment


The Public Service Association is accusing the Ministry of Health of adding insult to injury for hundreds of community support workers who are still waiting for their rightful sleepover payments.

We've prepared this simple explanation of the payment process:

The union negotiates a settlement with each employer. The union has minimum standards for any settlement, based on a template negotiated with the Ministry of Health (MOH). These standards were endorsed by members at meetings in 2011 when the Act was passed. The settlement will be recorded in a sleepover settlement document. It will be ratified by eligible union members, and endorsed by a majority of all staff affected by the settlement.  
 
MOH can provide assistance throughout this stage of the process by answering questions about the calculations and the amount of funding provided to assist employers to settle. They will then coordinate the signing of the document by other funders eg DHBs.

After the MOH confirms that the documentation is all is in order and all funders for each workplace have signed too, they will refer the agreement to Cabinet, where a process called an Order in Council will take place. They are referring agreements in batches, not one by one. There have been two Orders in Council made so far, in September and December 2012, with the next one expected to be made in March 2013.
 
Cabinet (government ministers) will then make an Order in Council (we hope this will be at the first Cabinet meeting after each batch of agreements is referred to them, but there is no legal requirement for them to do it in this timeframe)
 
After the Order in Council has been made, the Ministry will check the calculations and pay the employer, and they can then can pay you – this step must be completed within 2 months after the Order in Council is made by law. This is the only step that does have a legally specified deadline.

NB: This is based on last updates from the responsible organiser(s), and in some cases the other union/s we are working with

Access Home Health: Agreement to be sought as part of upcoming bargaining for the first Collective Agreement with this employer

Anglican Trust: Agreed and ratified by members. Awaiting Order in Council from MSD.

Barnardos: Agreement signed October 2012. Awaiting Order in Council from MSD.

BUPA Rehabilitation (formerly Abano): In discussions with employer about calculations of the amount due if an agreement can be reached.

Corstorphine Baptist Community Trust: stillworking through calculations.

Central Health: Revised agreement signed by employer and PSA in March - MOH coordinating signing by other parties before Order in Council can be made

Community Connections: Agreed settlement reached. Order in Council has been made.

Donaldson Trust: Revised agreement drafted by employer. Sent to MOH for approval before arranging ratification.

Goodwood Park – employer does not accept liability. Referred to Legal team.

Hamilton Residential Park In the process of being signed. Working with SFWU.

Hauora Waikato Organiser following up with employer

Hawkes Bay DHB: Agreement signed and with MOH. Awaiting Order in Council.

Healthcare New Zealand (including NZ Care Group): MoH funded sleepover agreement signed December 2012 and with MoH - waiting for Order in Council.

IRIS: Agreement signed and with MoH - waiting for Order in Council.

Mahitahi Trust: Agreement signed and sent to MoH. MoH is considering how to calculate entitlements due to some unique factors about past sleepover payments in this workplace.

MASH: Agreement signed and with MoH  - waiting for Order in Council.

McIsaac: claim letter sent.  Employer has verbally agreed on a “without prejudice” settlement, but has not yet signed anything. Working with SFWU.

MSD/CYF: Order in Council completed.

NMDHB: Agreement signed and with MoH  - waiting for Order in Council.

Odyssey House: letter sent re MSD funded sleepovers. Following up.

PACT: Agreement signed and with MoH  - waiting for Order in Council.

Panacea: Offer to settle for one member

Pathways: Agreement signed early July 2012 then asked to resign by MOH in Feb 2013 and now with MOH – waiting for Order in Council.

Puhinui Homes: Order in Council completed

Q-nique: Agreement signed and with MoH - waiting for Order in Council.

Raukura Hauora O Tainui – employer has indicated they are willing to settle, and has sought assistance from MOH.

Recovery Solutions (formerly Challenge Trust): Agreement signed Sept 2012 and with MoH – waiting for Order in Council.

Rescare: Agreement signed February 2012 and with MoH – waiting for Order in Council.

Richmond: Agreement signed December 2012 and with MoH – waiting for Order in Council.

Salvation Army: Agreement signed August 2012 and with MoH - waiting for Order in Council. Expected to happen in March.

Solway Trust: Agreement signed and with MoH – waiting for Order in Council. Expected to happen in March

Spectrum: Order in Council completed and payment made.

Taonga Trust: Agreement signed and with MoH  - waiting for Order in Council.

Te Anua Nua: Agreement signed and with MoH  - waiting for Order in Council.

Te Roopu Taurima o Manuaku Trust: Agreement signed November 2012 and with MoH - waiting for Order in Council.

Te Runanga O Toa Rangitira: one member affected. Employer to forward draft agreement for checking.        

Te Taiwhenua O Heretaunga: Order in Council completed and payment made.

Te Whare Mahana: Agreement subject to ratification of affected staff.

Waikato CLT: Agreement signed and with MoH  - waiting for Order in Council.

Walsh Trust: Agreement signed June 2012 and with MoH  - waiting for Order in Council.

Westbridge:  Waiting for outcome of legal challenge about similar issues.