A lawyer representing almost 1500 midwives has argued that the Crown should be held accountable for failing to fulfill promises of improved pay and contracts over almost a decade.
The College of Midwives is leading the class action on behalf of Lead Maternity Carers (self-employed midwives) in a bid for “fair and reasonable pay” and a change in the contract model.
The case claims that previous governments agreed to reform but never followed through.
The College of Midwives’ lead counsel, Robert Kirkness, accused the Crown of not honoring their legal obligations.
The battle, dating back to 2015, included two legally binding settlement agreements that had not been delivered.
The Ministry of Health failed to put in a 2018 Budget bid to secure enough money to boost midwives’ pay, as outlined in the funding model.
Kirkness argued that people, including the Crown, should be kept to their contractual promises and that fair pay is not a gift but payment for hard work and high-risk work by LMC midwives.
The Crown will briefly lay out its case on Tuesday before cross-examining the plaintiffs. Proceedings are expected to take six weeks.
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