The Supreme Court of New Zealand delivered a significant judgment in the cases of Christine Fleming v Attorney-General and Peter Humphreys v Attorney-General, addressing two critical questions:
1. Are family members providing full-time care for adult disabled relatives considered "homeworkers" under the Employment Relations Act 2000, granting them employee protections?
2. What hours constitute "work" when a homeworker must remain available to perform duties at short notice?
The Supreme Court ruled in favor of family carers, determining that they qualify as "homeworkers" under the Employment Relations Act 2000. This landmark decision grants family members who provide full-time care for adult disabled relatives the same employment protections as other workers.
The ruling has significant implications for thousands of family carers across New Zealand who have been providing care without formal employment protections. The decision recognizes the valuable work performed by family carers and ensures they receive appropriate legal protections and entitlements.
This victory represents years of legal battles by family carers seeking recognition of their work and the protections that should come with it.