The Public Service Association's national secretary Fleur Fitzsimons. Photo: RNZ / Samuel Rillstone
The Public Service Association has launched legal action on behalf of eighteen Timaru care and support workers, who say they will lose benefits by changing employers.
The union claims the workers, who are transferring from Forward Care Home Health to a new employer - the Royal District Nursing Service (RDNS), have been told they cannot carry over their accrued annual leave onto the new contract.
RDNS was set to take over the contract to provide essential care to elderly and other people with health and mobility issues from 1 October, the PSA said.
The contract was managed by Health NZ.
National Secretary Fleur Fitzsimons said the transfer to the RDNS should have been seamless under the Employment Relations Act.
Under Part 6A of the Act, the workers should be considered "vulnerable workers", giving them the right to elect to transfer to a new employer "as employees on the same terms and conditions of employment", she said.
"The process of transferring over is usually quite straightforward, but in this case it has been flawed from the very beginning," she said.
"We are really just asking the employer to comply with the law and do the right thing."
In a statement, Miriam Patterson, a Forward Care Home Health care and support worker of six years, said the shift to the new employer had been "confusing and stressful".
"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," she said.
The PSA filed an application with the Employment Relations Authority on Tuesday, seeking a determination the workers could transfer to the new employer while retaining all current terms and conditions.
The action was against RDNS and Health NZ, the union said.
RDNZ chief executive Carmel Conaghan said the organisation had been working to offer employment to local support workers whose roles with existing providers would end with completion of current Health NZ contracts this month.
"All workers have accepted employment on the same or better terms and conditions than their current role," she said.
"We look forward to welcoming new team members and delivering services for clients across the region."
Health NZ Te Waipounamu regional planning, funding and outcomes director Chiquita Hansen said while the workers were not employed by Health NZ, the agency had worked with RDNS to ensure a smooth transition for people receiving home and community support services during the changeover.
"Because this matter is yet to be considered by the Employment Relations Authority, it is not appropriate for us to comment any further at this stage."
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