7 Aug 2017
JANET ELSIE LOWE v DIRECTOR-GENERAL OF HEALTH, MINISTRY OF HEALTH [2017] NZSC 115 [7 August 2017]
- Citation
- [2017] NZSC 115
- Court
- Supreme Court
By majority the appellant is not a 'homeworker' under s 5 ERA because the engagement in the Carer Support scheme occurred between relief carers and the primary carers; the Ministry/DHB's role was to subsidise authorised care and did not involve selecting or securing the individual carers or creating the requisite relationship of engagement; s 5(b)'s 'in substance' test does not broaden s 5(a); payments/audit mechanisms alone do not constitute engagement by the Ministry/DHB; therefore appellant was not a deemed employee of the respondents.