New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Homeworker definition

Legal area

Court

18 Dec 2017

JANET ELSIE LOWE v DIRECTOR-GENERAL OF HEALTH, MINISTRY OF HEALTH [2017] NZSC 191

Citation

[2017] NZSC 191
Court

Supreme Court

The recall application was dismissed because the respondents' concession only applied if the Ministry had actually engaged the relief carers; William Young J concluded the Ministry did not engage the relief carers, so the concession did not apply and no 'very special reason' existed to recall the Court's judgment.
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.