James Bryson v Three Foot Six Limited - SC CIV 24/2004
Summary
Employment appeal - whether model maker working for the respondent was an employee or a independent contractor - interpretation of "employee" under s6 of the Employment Relations Act 2000 -whether film industry practice concerning manner of contracting staff relevant to determination - weight to be accorded to contractual label.
CA 246/03 12 November 2004
Result
Gault J; Blanchard J.
Leave to appeal granted.
22 February 2005
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New Zealand Council of Trade Unions granted Intervener status.
14 March 2005
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Business New Zealand granted Intervener status.
16 March 2005
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The appeal is allowed.
The decision of the Employment Court is restored.
Costs in favour of the appellant against the respondent will be fixed by the Court following the receipt of written submissions.
16 June 2005
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Judgment of the Court on Costs issued.
10 August 2005