Director-General of Health v Lowe

[2015] NZCA 226

IN THE COURT OF APPEAL OF NEW ZEALAND

CA169/2015
[2015] NZCA 226

BETWEEN

DIRECTOR-GENERAL OF HEALTH
First Applicant

CHIEF EXECUTIVE CAPITAL AND COAST DISTRICT HEALTH BOARD
Second Applicant

AND

JANET ELSIE LOWE
Respondent

Hearing:	8 June 2015
Court:	Randerson, French and Winkelmann JJ
Counsel:	J C Holden and M Conway for Applicants P Cranney and S N Meikle for Respondent
Judgment:	10 June 2015 at 10:30 am

JUDGMENT OF THE COURT

Leave 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?”

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Solicitors:
Crown Law Office, Wellington for Applicants
Oakley Moran, Wellington for Respondent