Christine Fleming and her son Justin. Photo: RNZ / Cole Eastham-Farrelly
Cases brought by family carers that have been on hold for years in the Employment Relations Authority are now waiting for direction after a final ruling from the country's highest court was delivered last week.
The Supreme Court has confirmed the two parents who care for their disabled adult children should be considered “homeworkers” as defined under employment law - and eligible for compensation including the minimum wage.
The case was brought by Christine Fleming and Peter Humphreys, who each care for their severely disabled adult children, Justin and Sian, whose physical and intellectual disabilities require constant supervision and around-the-clock care.
The decision comes more than two decades after family carers first went to court complaining they had the right to be paid for the care they provided when their disabled adult children lived at home with them.
Jane Carrigan is a long-time disability and family carer advocate and Paul Dale KC is Christine Fleming's lawyer and has represented other family carers in the past.
