Janet Elsie Lowe v Director-General of Health, Ministry of Health

[2016] NZSC 143

IN THE SUPREME COURT OF NEW ZEALAND

SC 97/2016
[2016] NZSC 143

BETWEEN

JANET ELSIE LOWE
Applicant

AND

DIRECTOR-GENERAL OF HEALTH, MINISTRY OF HEALTH
First Respondent

CHIEF EXECUTIVE, CAPITAL AND COAST DISTRICT HEALTH BOARD
Second Respondent

Court:	William Young, Glazebrook and Ellen France JJ
Counsel:	P Cranney and S N Meikle for Applicant J C Holden and M J R Conway for First and Second Respondents
Judgment:	2 November 2016

JUDGMENT OF THE COURT

A           Leave to appeal is granted.

BThe approved question is whether the applicant was a “homeworker” within the meaning of s 5 of the Employment Relations Act 2000 and deemed to be an employee of the first and second respondents when she undertook support care pursuant to the Carer Support scheme.

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Solicitors:
Oakley Moran, Wellington for Applicant
Crown Law Office, Wellington for Respondents