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Janet Elsie Lowe v Director General of Health, Ministry of Health and Chief Executive, Capital and Coast District Health Board - SC 97/2016

Media releases

Summary

Civil appeal – Employment Relations Act 2000, s 5 – Whether the Court of Appeal erred in its interpretation and application of the term “engaged” in the definition of “homeworker” in s 5 – Whether the Court of Appeal acted outside its jurisdiction.  [2016] NZCA 369   CA169/2015

Result

A Leave to appeal is granted.
B The approved question is whether the applicant was a “homeworker” within the meaning of s 5 of the Employment Relations Act 2000 and deemed to be an employee of the first and second respondents when she undertook support care pursuant to the Carer Support scheme.
2 November 2016
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A The appeal is dismissed.
B  There is no award of costs.
7 August 2017
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A The application for recall of this Court’s judgment of 7 August 2017 (Lowe v Director-General of Health [2017] NZSC 115) is dismissed.
B There is no order for costs.
18 December 2017

Hearing Transcripts

Related Documents

Employment Court decision — JANET ELSIE LOWE v DIRECTOR-GENERAL OF HEALTH, MINISTRY OF HEALTH NZEmpC WELLINGTON [2015] NZEmpC 24 [2 March 2015]

Court of Appeal decision — MINISTRY OF HEALTH v LOWE [2016] NZCA 369 [1 August 2016]

Leave judgment - leave granted — JANET ELSIE LOWE v DIRECTOR-GENERAL OF HEALTH, MINISTRY OF HEALTH [2016] NZSC 143 [2 November 2016] (PDF 59 KB)

Additional document — Transcription hearing date 23 November 2017 (PDF 183 KB)

Substantive judgment — JANET ELSIE LOWE v DIRECTOR-GENERAL OF HEALTH, MINISTRY OF HEALTH [2017] NZSC 115 [7 August 2017] (PDF 470 KB)

Recall judgment — JANET ELSIE LOWE v DIRECTOR - GENERAL OF HEALTH, MINISTRY OF HEALTH [2017] NZSC 191 [18 December 2017] (PDF 262 KB)