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Brought to my attention by Barbz over in our forums, it was quite startling to discover a law change coming into effect later this year which may force some sheltered workshops to close. The Disabled Persons Employment Promotion Act, which allowed employers to create tailored working conditions for disabled people, will be repealed in December, forcing some of those who employ disabled people, particularly those working in the IHC workshops, to provide them the same minimum wage and holiday rights as everyone else.
Now I hear you saying ‘But Red, surely this is a good thing? Equal rights and all that?’, and whilst I agree it’s a positive move on principle, the fact of the matter is that the menial nature of the tasks some of these employees are undertaking (for example, putting pins on badges, pegs on cardboard, etc) means that the product which is output does not make enough money to allow the employer to provide full minimum wage. Some disabled workers, and in particular those with intellectual disabilities, may be unable to perform tasks of the complexity required in the mainstream workforce, and would thus otherwise be unemployed. At least this way they’re actively employed, contributing to society, and getting paid for it. As a result of the law change, there’s every chance that they’ll be out on their arse with nothing to do. How is this a positive move?
There is, to be fair, a clause in the new law which states that an exemption from minimum wage can be negotiated by employer and employee, but this is a lengthy process to undertake for each individual, and must be approved by a government department. I just feel that the end result of this law repeal is that we’ll have hundreds of New Zealanders with intellectual disabilities out of work, and nowhere willing to pay them the minimum wage of $11.25 when they could find someone to do the same job who does not have an intellectual disability.
Read the Daily Post story on the new law.
Am I being too harsh here? Do you think the law repeal is a good move? Let us know your thoughts below…
13 responses so far ↓
1 Huhana // Oct 23, 2007 at 7:00 am
Hi
You raise good points but I do disagree, the law was never designed to give sheltered workshops exemptions from international labour laws protecting all workers, yet it does. The DPEPA was designed originally as a short term law to rehabilitate war veterans back into employment. The reality is a lot of sheltered employment used and abused intellectually/learning impaired and some psychosocial (old term mental health) impaired persons who were not given a choice but forced into this often menial and repetitive employment.
While not everyone can work in what is termed work, some can and some can and should get paid the legal minimum wage and come under labour laws in NZ. For those who cant, dont call it work as its not, call it therapy and why not pay them for being in therapy? the money the workshop received was not always given to the client anyway, for some, they earnt a mere $20 or $50 a week for 40 hours or work.
some Parents and sheltered employment providers will tell you otherwise but as a lawyer, I have seen the exploitation. Ask the people themselves how they feel, go to their only advocacy group People First NZ, they will tell you the facts. But good to see the debate opened up.
2 Stuart // Oct 23, 2007 at 12:22 pm
Both my wife and I have spent years working with people who have intellectual disabilities, we believe that their work placements are vital to their ongoing social development. Whilst well meaning people may think these folk are being exploited, our experience tells us that this is way off the mark in reality. Yes they are performing a menial task for very little financial reward, however for the majority it is not about the money.Rather, it is about being community, in this community they find exceptance, friendship, love, satisfaction, value, and a sense of belonging.
This law change is merely more social engineering from our socialist government, they should leave things as they are. If they persist in this they will cause great pain and anguish to a community that has already suffered more than it ought.
3 Jonny // Oct 23, 2007 at 4:58 pm
I have to agree with Huhana. I think that a big issue is being clear about what service an organisation is providing disabled people.
Is an organisation providing a vocational service to either prepare disabled people for real work for real money or place disabled people in real work for real money?
Or,
is an organisation providing a quality daily activitly programme that is intergrated into local communities?
Both services are totally justifiable and needed but organisations should be clear on what they are providing and the fudning for them should be adequate and targeted.
The repeal was born out of the “Pathways to Inclusion” document. This document stated that the funding of daily activities programmes would be reviewed to see who would fund such programmes and the review would happen in 2004 (from memory) but the review never happened.
We disabled people are very diverse ranging bunch and a one size fits all model just does not fit.
4 Bernadette // Oct 23, 2007 at 8:25 pm
I think that sheltered workshops have their place. When I was in a residentual home after a depressive break down this type of work was suggested to some of us to slowly reintergrate us into society. It was considered a safe starting point and for many of the people I knew who went into it found it quite rewarding in many ways. I was someone that wasn’t able to be a part of the program because of my physical disabilities but from experience know that these workshops can work wonders.
5 barbz // Oct 23, 2007 at 9:10 pm
kia ora Bernadette,
I agree that there is a place for people to go to reintergrate, but I know of people who have been attending a training centre for 10 year or more. My concern is that people go to sheltered workshops for life, and it becomes their life and the only people they see are staff and other people with disabilities, they aren’t really a part of community. I want every individual to participate in their community and that means work, part time work, full time work, it doesn’t matter, but for part of their day people are something other than a person with a disability. They are some one who works, pays taxes like everyone else.
I don’t believe that is too much to ask
6 Jan // Oct 24, 2007 at 10:08 am
The “oldie” here again. Since 1983 my hubby has worked looking after disabled folk who at the end of their day at our local Achievement Centre [Sheltered Workshops label went out years ago]; need accommodation - so he runs the residential side. At the Centre over the years has been an average number of approx. 100 clients and I can honestly say I can count on my fingers the number who have moved on into working in the outside community. It sounds ideal; but in reality it is the person`s disability that does not allow this to happen. “Pathway to Inclusion” is just another idealist idea coming from government. Oooo our clients will be called employees; they will be paid for the hourly output of work based on their work ability; but it will be put against a “sliding scale” of their benefits. So the Centre will pay them more; WINZ will pay them less; and in the end they will be financially no better off. Those who prove too disabled to put out an hourly work rate; are supposed to do community participation. Quite what this will be; nobody is too sure. There is absolutely nothing wrong with Achievement Centres - in my opinion - and this new idea is proving totally disruptive and disturbing to clients. They usually spend their day with a smile on their face; but now its tears. Just how many disabled people; and what variety of disabilities; were canvassed before bringing in “Pathways to Inclusion”?????? By what we are witnessing - not nearly enough
7 Jane Emerson // Oct 24, 2007 at 12:48 pm
hi there, i to have a disability & with these changes i feel a bit apprehensive cause of what is going to happen with this pathways to inclusion, but you just got to try & think possitive, it is interesting seeing your site.
From Jane Emerson
8 Jan // Oct 24, 2007 at 2:23 pm
barbz; Just where do all the disabled get these full time; part time; etc work in the mainstream workplace? Oh we can all name a few who have and are successful; but you are advocating alot more than a few. Have you canvassed the businesses around town and come home with a list who are prepared to employ a disabled person now [not put you off with “in the future”] reply. Idealistic thinking in good in theory; but realistic thinking is much more practical.
9 barbz // Oct 24, 2007 at 3:35 pm
Kia ora Jan,
I work in mental health and we have a new organisation here called workwise, they are are getting people into work, people who were never expected to get work of any kind and the system really encourages people to stay on benefit. They have learnt to cultivate employers, encourage them to employ one, who they know will succeed and then suggest others. People talk and more jobs come.
More and more employers are seeing the benefit of employing people with disabilities and the momentem will grow.
My problem with sheltered work is that it limits people. I know of a situation where a sheltered workplace got an exemption for someone and paid them at a low rate. This person was working part-time in the weekends and getting the full rate from a real employer. Eventually he was able to get full time work.
I have also seen situations when people are kept in sheltered work because they are good workers, and if they moved to real work the organisation would suffer.
There is a great article on Stuff today but I didn’t know how to put it on this site encouraging employer and listing the benefits of employing people with disabilities.
Cheers
Barbz
10 Red // Oct 24, 2007 at 4:05 pm
Here’s the link to the stuff article:
Click here to read
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13 Caz // Dec 11, 2007 at 9:58 am
Huhana is right ask us, I used to work in the Sheltered Workshops!, I was only paid $50 dollars a week, please do not dispute this as I was there and I know how much I got.
That’s not work that’s forced labour, I believe the people in the workshops should be paid the minimum wage of $11.25, give me one reason why they shouldn’t get the same pay as you.
There is alot of jobs out there that IDEA(formerly IHC) residence could do, I once did work experience with a young lady at a supermarket who was happy to be paid to pack shelves, show them a few times and they will catch on, some can pack shopping bags, stack trolleys, pack shelves and can even make good cleaners, we just need people to give them a chance.
By the way Hi Huhana how’s it going?
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