Timeline

Let's start from the beginning. Disability support workers have for years been arguing that sleepovers constitute work and should be subject to minimum wage legislation. As the Employment Relations Authority (ERA) noted in their judgement dated 5 September 2008:

This issue has been alive for many years. It is of concern to the Authority, although not relevant to this determination, that while the union has been raising this matter with IHC since at least 2001, it has taken until now to support a claim in the Authority.

That judgement is available online and can be found here:

http://dol.govt.nz/workplace/determinations/PDF/2008/WA%20117_08.pdf

Idea Services, the employer and a subsidiary of IHC, challenged the determination and the matter was referred to the Employment Court. The matter brought before the court two issues: the first whether sleepovers consititued work, the second whether the employer could use an averaging approach in meeting their obligations under the Minimum Wage Act.

The case was heard in May 2009, and a judgement issued dated 8 July 2009 which confirmed the ERA's original decision over the definition of work, and did not make any ruling on the issue over averaging. That judgement is online here:

http://www.justice.govt.nz/courts/employment-court/documents/wrc-31_08-34_08-idea-services-ltd-v-dickson.pdf

The second point was decided by the Employment Court, by majority, in a judgement delivered 11 December 2009, and can be found here:

http://www.justice.govt.nz/courts/employment-court/documents/Dickson%20-%20Idea%20Services%20Ltd%20WC17A_09%20.pdf

Idea Services sought leave to appeal these rulings which was granted. The case was heard by the Court of Appeal in October and December 2010, and their judgement (dismissing the appeal) issued on 16 February 2011 is available online here:

http://www.courtsofnz.govt.nz/from/decisions/judgments.html