Attorney-General v Fleming - [2024] 2 NZLR 245

Employment — Employee — Asserted employment agreement with Ministry of Health — Funding for family carers of disabled people by Ministry of Health — Whether parent carer employed by Ministry of Health — Whether parent carer a “homeworker” — Parents caring for disabled adult children full-time at home — Receiving government funding as carers — Different funding schemes — Definition of “engaged” — Definition of “work” — Whether disabled children lacking capacity to be employer — Exceptional circumstances — Statutory and policy context of funding family carers — Legislative history — Wages Protection Act 1983.

Employment — Personal grievance — Discrimination — Asserted employment agreement with Ministry of Health — Funding for family carers of disabled people — Parent caring for disabled adult child full-time at home — Whether employed by the Ministry of Health — Not being funded appropriately by Ministry as employer — Seeking back pay, compensation and interest — Penalty for breaches of statutory obligations and asserted employment agreement — New Zealand Public Health and Disability Act 2000 ss 3(2), 10, 70A, 70B, 70C, 70D, 88, 89 and pt 4A.