| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 24 |
| Hearing date | 25 Jul 2013 |
| Determination date | 11 March 2014 |
| Member | T MacKinnon |
| Representation | P Cranney ; J Holden ; H Kynaston |
| Location | Wellington |
| Parties | Lowe v Director-General of Health, Ministry of Health and Anor |
| Other Parties | Chief Executive, Capital and Coast District Health Board |
| Summary | JURISDICTION - Whether applicant homeworker - Provision of relief support to unpaid primary caregiver of disabled person or person with age-related condition - Carer support subsidy paid by respondents - Whether applicant employed by respondents - Relief support carer |
| Abstract | AUTHORITY FOUND -;JURISDICTION: No evidence of contractual relationship between applicant and respondents. Element of control entirely lacking in applicant's situation in relation to both respondents. Applicant had no contact with respondents apart from payment of carer support subsidy where primary caregiver elected not to make payment directly to applicant. Primary caregiver directed applicant what care to provide and could dispense with applicant's services without recourse to respondents. Work undertaken by applicant intermittent. Applicant not employed, engaged or contracted by either respondent when provided care support relief services. No jurisdiction. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Jurisdiction |
| Statutes | ECA;ECA s2;ERA;ERA s5;ERA s5(b);ERA s6;Government Service Equal Pay Act 1960;Health and Disability Services Act 1993;Holidays Act 2003;Minimum Wage Act 1983;New Zealand Public Health and Disability Act 2000 |
| Cases Cited | Cashman v Central Regional Health Authority [1996] 2 ERNZ 159 ; [1997] 1 NZLR 7 |
| Number of Pages | 11 |
| PDF File Link: | 2014_NZERA_Wellington_24.pdf [pdf 193 KB] |