1 00:00:00,080 --> 00:00:02,680 Speaker 1: The Supreme Court has ruled the parents caring for their 2 00:00:02,720 --> 00:00:07,039 Speaker 1: severely disabled adult children will now be recognized as home workers. 3 00:00:07,120 --> 00:00:09,559 Speaker 1: Now the change in titles parents to the minimum wage 4 00:00:09,560 --> 00:00:12,959 Speaker 1: for compensation if someone is paying them compensation, and thousands 5 00:00:12,960 --> 00:00:16,960 Speaker 1: of family careers who receive disability support funding could now 6 00:00:17,200 --> 00:00:21,439 Speaker 1: argue that they are now disability support employees. So the 7 00:00:21,440 --> 00:00:23,799 Speaker 1: employment lawyer Joe Williams joins me, Now, good morning to. 8 00:00:23,800 --> 00:00:26,080 Speaker 2: You, Joe, Good morning Andrew. How are you. 9 00:00:26,200 --> 00:00:28,400 Speaker 1: I'm good? Maybe fighting for this for ages. They just 10 00:00:28,400 --> 00:00:30,880 Speaker 1: wanted to be recognized at the base level. 11 00:00:32,280 --> 00:00:35,479 Speaker 2: Yes, So this case has quite a long history. It 12 00:00:35,560 --> 00:00:38,440 Speaker 2: was initially before the Employment Court who determined that they 13 00:00:38,440 --> 00:00:41,680 Speaker 2: were employees. The Court of applo turned that and the 14 00:00:41,720 --> 00:00:46,760 Speaker 2: Supreme Court has overturned it again. As you say, rent 15 00:00:46,880 --> 00:00:50,240 Speaker 2: in their status at employees as found by the Employment Court. 16 00:00:50,720 --> 00:00:53,920 Speaker 1: Okay, so what does this mean? Does it mean? Is 17 00:00:53,960 --> 00:00:56,720 Speaker 1: it about money? And if so, do we have the 18 00:00:56,760 --> 00:00:58,520 Speaker 1: money to pay them? 19 00:00:59,040 --> 00:01:02,840 Speaker 2: Well, it's going to be a fairly monumental change in 20 00:01:02,960 --> 00:01:09,880 Speaker 2: terms of how these individuals and support works are paid 21 00:01:09,920 --> 00:01:14,679 Speaker 2: and funded and how the government approaches that. So the 22 00:01:14,720 --> 00:01:18,200 Speaker 2: fact that they have now been recognized as employees obviously, 23 00:01:18,240 --> 00:01:21,960 Speaker 2: as you said, brings them the minimum wage entitlement. It 24 00:01:22,000 --> 00:01:26,240 Speaker 2: also brings in things like holiday pay and an entitlement 25 00:01:26,360 --> 00:01:30,600 Speaker 2: to the treatment of an employee when it comes to 26 00:01:31,120 --> 00:01:36,920 Speaker 2: protections against unfair treatment and potential personal grievances. There's a 27 00:01:36,959 --> 00:01:40,920 Speaker 2: few different ramifications that flow from it. But in terms 28 00:01:40,959 --> 00:01:45,840 Speaker 2: of the funding aspect, particularly around holiday pay, it's potentially 29 00:01:45,840 --> 00:01:49,840 Speaker 2: a fairly major financial liability for the ministry, all. 30 00:01:49,800 --> 00:01:53,120 Speaker 1: Right, but the Ministry can't do anything about it because 31 00:01:53,120 --> 00:01:56,280 Speaker 1: it's gone to the Supreme Court. Now, is that right? 32 00:01:56,320 --> 00:01:59,560 Speaker 1: I mean, because that's the Ministry and the Government have 33 00:01:59,600 --> 00:02:02,120 Speaker 1: been fired against us because of the financial implications. But 34 00:02:02,240 --> 00:02:06,440 Speaker 1: now they're going to be forced under the law to 35 00:02:06,520 --> 00:02:08,919 Speaker 1: actually pay this holiday pay for someone who's looking after 36 00:02:08,919 --> 00:02:10,919 Speaker 1: and if they're on disability support. 37 00:02:11,960 --> 00:02:16,960 Speaker 2: Yes, so as the law is currently Obviously the Supreme 38 00:02:17,000 --> 00:02:19,480 Speaker 2: Court is the highest court in the land. So that's 39 00:02:19,520 --> 00:02:21,960 Speaker 2: the end of the matter when it comes to the 40 00:02:22,200 --> 00:02:26,919 Speaker 2: current legal position. One option that remains open, and it 41 00:02:26,960 --> 00:02:30,240 Speaker 2: will be interesting to see whether there's movement from the 42 00:02:30,280 --> 00:02:34,480 Speaker 2: government is to legislate over the top of this. Certainly 43 00:02:34,480 --> 00:02:39,000 Speaker 2: there's been some movement in recent times around contractors versus 44 00:02:39,000 --> 00:02:43,120 Speaker 2: employees with the proposed introduction of a gateway test that's 45 00:02:43,160 --> 00:02:47,720 Speaker 2: looking like coming in early next year. Now that applies 46 00:02:47,760 --> 00:02:51,360 Speaker 2: to a slightly different situation to this one, but ultimately 47 00:02:51,840 --> 00:02:54,160 Speaker 2: it's an option for the government to legislate over the 48 00:02:54,200 --> 00:02:56,480 Speaker 2: top if they decide to go down that route. But 49 00:02:56,639 --> 00:02:58,640 Speaker 2: it's probably a little early to say at this point. 50 00:02:58,760 --> 00:03:00,320 Speaker 1: Now, we'll wait and see, and Joe and I thank 51 00:03:00,360 --> 00:03:03,040 Speaker 1: you very much for your time employment Lawyer Joe Williams. 52 00:03:03,560 --> 00:03:06,520 Speaker 2: For more from Early Edition with Ryan Bridge, Listen live 53 00:03:06,639 --> 00:03:09,640 Speaker 2: to News Talks it'd be from five am weekdays, or 54 00:03:09,720 --> 00:03:11,639 Speaker 2: follow the podcast on iHeartRadio.