Midwives say they have been fighting for fair employment and conditions since 2015, with the government not delivering on various previous settlements. Photo: 2021 Getty Images
Midwives are taking on the government in court after what they claim has been nearly a decade of broken promises to pay and support them properly.
The College of Midwives is leading the class action - which involves nearly 1500 self-employed midwives - at the High Court in Wellington on Monday, with proceedings expected to take six weeks.
They are accusing the government of breaches of contract, and unlawful gender-based discrimination under the Bill of Rights Act.
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Midwives felt they had no choice but to take legal action, College of Midwives chief executive Alison Eddy said.
"We have been trying to get a resolution on these matters for almost a decade now without success, and although the legal route was not our preference, it's good to know we will finally have a decision," she said.
Midwives are calling for:
- More pay
- A new contract model that gives self-employed midwives (called Lead Maternity Carers) entitlements similar to those enjoyed by other contracted primary health care professionals, like GPs and community pharmacists
- Nationally consistent investment to promote workforce sustainability and manage the demands of a 24/7 service
The nearly decade-long battle dating back to 2015 has included multiple settlements with the Ministry of Health - none of which had been delivered on, Eddy told RNZ when the class action was filed in 2022.
Midwives are not fairly paid for their work and expenses, the College said.
They had to meet work-related expenses on their own, like most self-employed people, but were locked into a contract and job requirements that did not give them the freedom that self-employed people had, it said.
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Former Labour MP Andrew Little, who was Minister of Health at the time the class action was filed, said he understood why midwives were taking court action, and would do the same if he were them.
The office of the Attorney General, who is the government defendant in the case, declined to comment ahead of the hearing, as the matter is before the court.