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Determining whether the person is an employee for the purposes of Employment Relations Act 2000, by Eugene Duhovnikoff BA/LLB

When determining whether a person is an employee for the purposes of the Employment Relations Act 2000[1] the Employment Relation Authority would consider “the real nature of the relationship”. This means that the Authority would consider:

  1. Intention of the parties involved;
  2. Written and oral terms of the contract between the parties;
  3. Any divergences from or supplementation of those terms which are apparent; [2]
  4. Statements by the parties, including contractual statements; the economic reality of the relationship; and
  5. The relevant industry practice.

The Authority’s inquiry into the “real nature of the relationship” is factual all of the above motioned factors would be considered before making a decision.

 

 

 

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[1]Employment Relations Act 2000, sections 6(2) and 6(3).

[2] Bryson v Three Foot Six Ltd [2005] NZLR 721 (SC).

Reeves/Duhovnikoff & Associates Ltd. 2017

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