1 00:00:00,040 --> 00:00:02,960 Speaker 1: The government is taking advice tonight on a landmark Supreme 2 00:00:03,000 --> 00:00:06,520 Speaker 1: Court ruling. This decided two parents who care for their 3 00:00:06,519 --> 00:00:10,240 Speaker 1: disabled adult children full time are employees of the government. 4 00:00:10,880 --> 00:00:13,600 Speaker 1: Paul daukas Case has been acting for the two cares 5 00:00:13,600 --> 00:00:16,640 Speaker 1: in this case and joins them now, Paul good evening, 6 00:00:17,360 --> 00:00:20,560 Speaker 1: what exactly does a ruling mean for your two clients? Now? 7 00:00:22,200 --> 00:00:25,360 Speaker 2: It means that their STU says employees has been recognized. 8 00:00:25,760 --> 00:00:29,000 Speaker 2: They are now entitled to leave a benefits available to 9 00:00:29,040 --> 00:00:32,040 Speaker 2: an employee under the Employment RELATIONSHIPCT. It will be a 10 00:00:32,080 --> 00:00:36,279 Speaker 2: further hearing in that court where the Theirence government will 11 00:00:36,320 --> 00:00:41,240 Speaker 2: be determined and they will they will recover recordingly. Then 12 00:00:41,280 --> 00:00:43,320 Speaker 2: there will be others that are in the same boat. 13 00:00:43,520 --> 00:00:46,200 Speaker 1: Yes, and that the ten thousand or so other family 14 00:00:46,320 --> 00:00:49,040 Speaker 1: careers that are thought to be out there. It doesn't 15 00:00:49,120 --> 00:00:54,160 Speaker 1: nothing applies to them. How do they get the same entitlement? 16 00:00:55,560 --> 00:00:58,760 Speaker 2: Well, in most cases, I imagine that the Ministry would 17 00:00:58,760 --> 00:01:01,720 Speaker 2: have known they were providing POMAN services to the disabled 18 00:01:01,880 --> 00:01:07,480 Speaker 2: trial adult disabled person because of regular masks and posits 19 00:01:07,480 --> 00:01:12,280 Speaker 2: and analysis, so they would understand that the employment relationship existed. 20 00:01:13,040 --> 00:01:15,120 Speaker 2: I expect that for many, or if not most, of 21 00:01:15,160 --> 00:01:17,880 Speaker 2: them if they make a claim under the Employment Relations 22 00:01:17,880 --> 00:01:19,960 Speaker 2: Act in the same way, they'll succeed. 23 00:01:20,600 --> 00:01:23,360 Speaker 1: Any idea what the cost of this could be to 24 00:01:23,400 --> 00:01:23,760 Speaker 1: the state. 25 00:01:25,760 --> 00:01:29,280 Speaker 2: No, But a couple of observations. One is that in 26 00:01:29,360 --> 00:01:31,640 Speaker 2: the course of this litigation over the years we've been 27 00:01:31,680 --> 00:01:34,759 Speaker 2: doing it, and one since we found that the Crown 28 00:01:34,840 --> 00:01:38,480 Speaker 2: hadn't even spent its allocated budget on providing care for 29 00:01:39,920 --> 00:01:42,319 Speaker 2: high needs disabled So what is that it was a 30 00:01:42,319 --> 00:01:46,560 Speaker 2: shortage of funding. Also, is worth remembering that this is 31 00:01:46,600 --> 00:01:50,640 Speaker 2: the cheapest option. The ways that care can be provided 32 00:01:50,640 --> 00:01:53,560 Speaker 2: for a high heights disabled person are either you hire 33 00:01:53,680 --> 00:01:56,520 Speaker 2: external from cares, bring them into the home and payment, 34 00:01:57,240 --> 00:01:59,480 Speaker 2: or you have a residential care facility, which is not 35 00:01:59,520 --> 00:02:01,800 Speaker 2: an attract ideas for many people, and you're ounting up 36 00:02:01,840 --> 00:02:05,400 Speaker 2: roach anyway. Well, sadly you paid appearance, so the appearance 37 00:02:05,480 --> 00:02:07,040 Speaker 2: paying appearance is the cheapest option. 38 00:02:08,200 --> 00:02:10,519 Speaker 1: Paul, appreciate that update for us. Thanks very much for 39 00:02:10,560 --> 00:02:12,800 Speaker 1: being with me this evening. That's Paul Dukawas's case. He 40 00:02:12,880 --> 00:02:15,560 Speaker 1: was acting for the two curs in the Supreme Court case. 41 00:02:16,160 --> 00:02:19,320 Speaker 1: For more from Hither Duplessy Allen Drive listen live to 42 00:02:19,400 --> 00:02:22,440 Speaker 1: news talks. It'd be from four pm weekdays, or follow 43 00:02:22,480 --> 00:02:24,200 Speaker 1: the podcast on iHeartRadio