DIRECTOR-GENERAL OF HEALTH v LOWE CA169/2015 [2015] NZCA 226
Leave to appeal was granted under s 214 ERA because the question whether the respondent was a 'homeworker' within s 5 ERA raised a real question of law suitable for appellate determination.
Source-derived case information.
- Citation
- [2015] NZCA 226
- Parties
- Applicant: Director-General of Health; Applicant: Chief Executive Capital and Coast District Health Board; Respondent: Janet Elsie Lowe
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 10 June 2015
- Procedural Posture
- Employment Appeal / Leave to Appeal Application (granted)
- Outcome
- Leave to appeal granted under s 214 of the Employment Relations Act 2000 on the specified question of law.
- Legal Topics
- Employment Status, Definition of 'homeworker', Carer Support Scheme
Source-derived case record
Summary, issues, holding and outcome
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Parties
Director-General of Health
Applicant
Chief Executive Capital and Coast District Health Board
Applicant
Janet Elsie Lowe
Respondent
Procedural Posture
Employment Appeal / Leave to Appeal Application (granted)
Legal Issues
- 1 Was the respondent a 'homeworker' as defined by s 5 of the Employment Relations Act 2000 and therefore an employee of the applicants when undertaking support care pursuant to the Carer Support Scheme?
Ratio Decidendi
Leave to appeal was granted under s 214 ERA because the question whether the respondent was a 'homeworker' within s 5 ERA raised a real question of law suitable for appellate determination.
Court Disposition
Leave to appeal granted under s 214 of the Employment Relations Act 2000 on the specified question of law.
Orders
- Leave to appeal is granted on the question: "Was the respondent a 'homeworker', as that term is defined by s 5 of the Employment Relations Act 2000, and therefore an employee of the first and/or second applicants, when she undertook support care pursuant to the Carer Support Scheme?"
Full Case Text
Judgment text and source record
1 paragraphs
DIRECTOR-GENERAL OF HEALTH v LOWE CA169/2015 [2015] NZCA 226 [10 June 2015]IN THE COURT OF APPEAL OF NEW ZEALANDCA169/2015[2015] NZCA 226BETWEEN DIRECTOR-GENERAL OF HEALTHFirst ApplicantCHIEF EXECUTIVE CAPITAL ANDCOAST DISTRICT HEALTH BOARDSecond ApplicantAND JANET ELSIE LOWERespondentHearing: 8 June 2015Court: Randerson, French and Winkelmann JJCounsel: J C Holden and M Conway for ApplicantsP Cranney and S N Meikle for RespondentJudgment: 10 June 2015 at 10:30 amJUDGMENT OF THE COURTLeave to appeal is granted under s 214 of the Employment Relations Act 2000 on the following question of law:"Was the respondent a "homeworker", as that term is defined by s 5 of the Employment Relations Act 2000, and therefore an employee of the first and/or second applicants, when she undertook support care pursuant to the Carer Support Scheme?"____________________________________________________________________Solicitors:Crown Law Office, Wellington for ApplicantsOakley Moran, Wellington for Respondent