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The Disability Rights Commissioner, Paula Tesoriero welcomes the ruling of the Employment Court in its judgment on Fleming v Attorney General , released today. In her ruling, Chief Judge Inglis clarified the Ministry of Health as the employer of Mrs Christine .
A mother looking after her severely disabled son 24/7 could be in line for significant compensation and lost wages after a court ruled she is an employee and her boss is the Ministry of Health.
Christine Fleming looks after her 40-year-old son Justin around the clock. He has Williams Syndrome - a genetic disorder that causes developmental delays, medical complications, and cannot be left alone.
Fleming has survived on a benefit rather than accepting Ministry of Health funding, as that would have left her financially worse off.
Now the Employment Court has ruled she is a home worker having been her son's primary carer since birth, the Ministry of Health knew she was doing the work and her son Justin lacks the mental capacity to employ her, so the Ministry is effectively her boss.
It means Christine Fleming is entitled to lost wages, holiday pay and potentially other compensation.
Disability Advocate Jane Carrigan helped take the case.
Dana Cocks is Justin's older sister. S
Press Release – New Zealand Human Rights Commission The Disability Rights Commissioner, Paula Tesoriero welcomes the ruling of the Employment Court in its judgment on Fleming v Attorney General , released today. In her ruling, Chief Judge Inglis clarified the Ministry of Health as the employer of Mrs Christine …
The Disability Rights Commissioner, Paula Tesoriero welcomes the ruling of the Employment Court in its judgment on
Fleming v Attorney General, released today.
In her ruling, Chief Judge Inglis clarified the Ministry of Health as the employer of Mrs Christine Fleming, a mother providing support to her disabled adult son, Justin.
The Ministry of Health’s Funded Family Care policy required the disabled person to be the employer in all cases.