Authors: John Hannan, Ashley-Jayne (AJ) Lodge, Paul McBride
Published: 1 May 2023
Pages: 47

Introduction

We have three categories of workers in New Zealand: employees, volunteers and contractors. Of course, only two of those categories are paid: employees and contractors. And, only one of those categories has statutory protections and benefits: employees. The question “what type of worker am I?” is therefore an important one.

As Chief Judge Inglis has eloquently put it:

Employment status is the gate through which a worker must pass before they can access a suite of legislative minimum employment entitlements, such as the minimum wage, minimum hours of work, rest and meal breaks, holidays, parental leave, domestic violence leave, bereavement leave and the ability to pursue a personal grievance. Importantly it is also the gateway through to union membership and collective bargaining, and the gate through which the Labour Inspector must pass before taking action on behalf of a worker, or against a workplace.

The problem is, it is becoming increasingly unclear what the requirements are to unlock that gate. In this paper we suggest that the current legal framework may no longer be fit for purpose. This is as a result of the rapidly changing nature of work, and advancements in society more generally. (Continued...)
 

Content outline

• A bit of history; no new thing under the sun?
• The statutory test - s 6 employment reactions act 2000
• Recent case law
• Volunteers
• Religion
• Construction industry
• Driving cases
• Platform-based engagement
• Statutory consideration of employment
• What does that all show us?
• Recent changes and what is coming?