In a disturbing revelation, certain unscrupulous and profit-mongering disability providers in Tasmania have been caught misclassifying, underpaying and dodgily terminating workers, all to line their own pockets with NDIS funding meant for crucial support services.
Jasmine des Barres, a disability support worker and former employee at Tailored Care and Nursing Service, found herself victimised by these deceitful practices, being underpaid and then sacked suddenly without any explanation.
When Jasmine got employed by Tailored Care in 2023, she was aware that her pay rates were lower than what she was paid at other disability organisations, but she accepted the job because she needed longer hours to support her family. Jasmine was employed on a 3-month probation contract. Without being offered a formal position after that, her employment was terminated after five months and a half, not through any fault of her own.
“I received an email of end of employment on Boxing Day. Then they signed me out of care shifts straight away. I tried to contact them, ringing them and messaging them again and again, but there was no response. I was so frustrated because there was no explanation, no nothing…”
Upon seeking advice from HACSU, Jasmine discovered that she had been wrongly classified and underpaid under the Home Care stream of the Social, Community, Home Care and Disability Services (SCHCDS) Award, instead of the rightful Social and Community Services (SACS) stream. The discrepancy in pay is over $6 less per hour at ordinary rates – greater when factoring in shift penalties.
“I was not the only one being underpaid the whole time and sacked just before the probation period ended. They (Tailored Care) had terminated a few staff members who were talking about wages, so they could hire new staff, who needed a job and might not know what they were supposed to get paid, who didn’t dare to speak out against them.
“As Tailored Care had got rid of all of us who had experience with a particular participant, this participant had been suffering. He had missed meals and didn’t get his personal care until later in the afternoon. When I and my colleagues finally got on board with a new company just to continue our support for this participant, he has lost weight and his skin has broken down.”
HACSU’s investigation also uncovered similar unlawful practices at other disability providers, including Bass Disability Support Services and Complete Nursing and Home Care, which have been classifying and paying workers at SACS stream level 1 while requiring them to provide level 2 support.
“NDIS funding is provided to pay support workers at Level 2 or 3 of the SACS stream, ensuring participants receive the same level of support”, HACSU State Secretary Robbie Moore said,
“It’s horrendous to see these disability providers engaging in such immoral and illegal practices just to steal workers’ wages. They are not only violating laws but also jeopardising the quality of support provided to vulnerable participants.”
“We’re demanding for these employers to immediately reclassify the affected employees and backpay them accordingly. If they fail to do so, we will find resolution in the Federal Circuit Court.”