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Package includes:

On Demand Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

  • $149 - NZLS members and Associate members
  • $179 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

Presentation time: 90 minutes
1.5
CPD HRS

Who is an employee and what is a contract of service? Are the “classic” tests changing? With rapidly evolving technology, changing work practices, and the decline in traditional working arrangements, we explore whether the statutory framework remains relevant, and how the case law is changing the landscape. This module will consider some of the key cases and developments in this rapidly evolving area to ensure you are able to provide your clients with effective advice.

The module will include:

  • An overview of the statutory tests – s 6 Employment Relations Act 2000
  • Recent cases, including the Gloriavale and Uber cases
  • Do these cases make a substantive change in the law?
  • Approaches in cases involving volunteers, religion, construction industry, courier and other drivers
  • Differences from income tax legislation
  • Exploring how platform-based work, flexibility, and the changing nature of the work has or may have an impact
  • Is the current legislation fit for purpose? Has the case law moved beyond the legislative intent?
  • What is coming?

Learning objectives

By completing this module you will:

  • Gain a better understanding of the tests available.
  • Be updated on recent cases and decisions in this area.
  • Get practical examples of how technology and flexible working impacts on workforce relationships.
  • Be better able to advise your clients on these issues.

Electronic paper 

Authors:  John Hannan, Ashley-Jayne (AJ) Lodge, Paul McBride
Published: 1 May 2023
Pages: 41

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.

PowerPoint Presentation

These are the slides included in the presentation.

HANNAN John LODGE Ashley-Jayne (AJ) MCBRIDE Paul
John Hannan
Bankside Chambers
Auckland		 Ashley-Jayne (AJ) Lodge
Anderson Lloyd
Christchurch		 Paul McBride
McBride Davenport James
Wellington

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