The Minister for Disability Issues is seeking advice on the Supreme Court’s decision that two parents who care full-time for their disabled children are employees of the government and should received the same benefits and protections.
Louise Upston asked the Disability Support Sevices, a government unit that was responsible for supporting disabled people and their whānau, to consider the ruling “carefully”.
The decision was released on Tuesday, in favour of recognising both Christine Fleming and Peter Humphreys, who care full-time for their disabled son and daughter, as ministry employees.
For carers not to be recognised as employees meant they weren’t entitled to things such as holiday pay and protection against unfair treatment – and, during the April hearing, lawyers said the issue could potentially affect thousands of family carers.
Upston said existing care arrangements would continue while the investigation by Disability Support Services took place.
She said the Government had already announced changes that would give more consideration to the needs of family, whānau and carers.
Disability advocate Jane Carrigan, said the decision had huge implications for at least 10,000 family carers.
She said the decision could not be ignored.
“These issues have really been before the courts for the last two-plus decades. But this is the first time we’ve ended up in the Supreme Court, so we’ve finally got a decision the Government aren’t going to be able to ignore.”
Humphreys, who cared for his 37-year-old daughter Sian, told RNZ, he was “really happy” with the decision and it had been a long track through the courts.
“Hopefully, it’s come to an end this time.”
He said the case began for him when his family moved into a house and needed a bathroom modification for Sian’s health and safety.
“When I applied to get some funding to assist with that I was told no, I had to be means tested. I asked the question, ‘what other employee is means tested to alter a bathroom for their employer’?”
He said his case had been running through the courts in parallel with Fleming, so it was ideal that judges were able to hear both cases and see the different dimensions between each case.
“My wife Maria and I have been together 43 years, we have two of us doing it [caring], but often it’s one-person doing it. Often the mum is left at home looking after a person.
“You just get on with life because you’ve got no choice really.”
rnz.co.nz
