Supreme court confirms employment rights for family carers
The Supreme Court has released a decision in Fleming v Attorney-General which will have a significant impact for the health sector and family carers. The Court reinstated the Employment Court’s finding that parents providing full-time care for adult children with disabilities can be classified as “homeworkers” under the Employment Relations Act, even where the arrangement arises through government funding rather than a traditional employment contract.
The judgment prioritises substance over form. Caregiving under these schemes involves real obligations, restrictions, and benefits to the Ministry, meeting the statutory definition of “work.” The Court adopted a broad view of “engagement,” recognising that formal hiring processes are not determinative where the practical reality reflects an employment relationship.
For employers and policy makers, this ruling reinforces that courts will look beyond contractual labels and funding structures when assessing employment status. It signals that non-traditional arrangements, particularly in the care sector, may attract minimum entitlements such as holiday pay and protection against unjustified disadvantage. The implications are far-reaching, with thousands of family carers potentially now covered by the Act.
Disclaimer: The content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.
