There have recently been some interesting and potentially far-reaching Employment Court cases on the question of whether a worker is an independent contractor or an employee.
Section 6 of the Employment Relations Act says that the “real nature of the relationship” determines whether a worker is an employee. In considering what the “real nature of the relationship” is, the Court must consider all relevant matters, including any matters that indicate the intention of the person.
This section has had a good workout in recent times, including a finding last month that a builder taken on as a contractor was in fact an employee.
Read the full article here: https://cullenlaw.co.nz/wp-content/uploads/2021/10/2021_HRNZ_Spring_Magazine_ISSUU_Employment_Law_Case_Review.pdf