Supreme Court Delivers Landmark Win for Disabled Family Carers as Homeworkers

In a major decision for disability support and family carers, the Supreme Court has ruled that two parents caring full‑time for their severely disabled adult children are “homeworkers” and must be treated as employees entitled to employment protections, including the minimum wage. This ruling could have far‑reaching effects for thousands of New Zealand family carers.

What the Ruling Means

The Supreme Court’s unanimous decision recognised parents Christine Fleming and Peter Humphreys as homeworkers under the Employment Relations Act, meaning the care they provide is legally classed as work they do for a formal employer. As a result, they are entitled to the minimum wage and other rights that come with formal employment.

Fleming and Humphreys each care for their adult children who require constant supervision and support due to severe physical and intellectual disabilities. The court found this caregiving meets the legal definition of work carried out in a home for another person.

A Long Legal Journey

The legal battle began more than six years ago, with the parents fighting for acknowledgment of the work they do and the protections that should come with it. Similar cases have been before New Zealand courts for decades, as families have argued that their unpaid labour should be formally recognised when it replaces services the Government would otherwise have to fund.

One key issue was whether being funded by government disability programmes means carers are “engaged” by the Government as workers. The Supreme Court’s decision confirms that in these cases, family carers do meet that test and should have the same employment status as other paid care workers.

Voices from the Carers

Christine Fleming expressed her relief and joy at the ruling, saying the decision was never just about her own situation but about all families in similar positions. She emphasised the importance of recognising the constant and demanding work that full‑time caregiving involves.

Peter Humphreys echoed her views, highlighting that the judgement not only gives financial recognition but also affirms carers’ rights, dignity, and protections that come with being employed.

Broader Impact

Advocates believe this ruling could open the door for thousands of carers who provide round‑the‑clock support to disabled family members. Being legally recognised as homeworkers means carers may be able to access back pay, holiday pay, sick leave, and other employment entitlements previously unavailable to them.

The Public Service Association (PSA) described the decision as a significant victory that acknowledges the real value of home caregiving and the labour it involves.

At the same time, commentators note this could have fiscal and policy implications, since many families already struggle to secure adequate funding for home care and disability support. How Government disability services will adapt to this ruling remains to be seen.

What This Means for Families

For families providing full‑time care, this Supreme Court win will be watched closely. It could lead to:

• formal recognition of caregiving work as employment
• entitlement to minimum wage and employment conditions
• greater financial support and security for carers

Legal and disability advocacy groups are likely to offer guidance and support as the decision is implemented and potentially applied in other cases.