EMPLOYMENT LAW NEWS

June 2005 Issue No: 1

Gary Tayler - Employment Law commenced practice in April 2005.
Gary Tayler, who has 15 years of employment law experience. During the last 4½ years Gary was a mediator at the Department of Labour’s Mediation Services and for this reason is able to bring a unique perspective for clients to employment law.
Karen Tayler who is the Practice Manager.
We specialise in all aspects of employment law.
Our newsletter focuses on developments in employment law that you need to know about. This issue mentions the effects of engaging independent contractors. If you wish to receive this newsletter on a regular basis please fill out the slip on the end of the bulletin. There is no charge for this service.
Independent Contractors or/ Employees
Many of you will be aware that Three Foot Six & Bryson is a case recently heard by the Supreme Court of New Zealand. We are waiting for this judgment to be released.
It involves the issue of whether Bryson was an employee or an independent contractor. He worked for Lord of the Rings as a model maker on a self employed basis as an independent contractor, but when his contract was terminated he asked the Court to declare that he had always been an employee in law. The Employment Court agreed but the Court of Appeal did not.
The Supreme Court heard the ultimate appeal and the judgment is due out shortly. The feeling is that the Supreme Court will reinstate the Employment Court’s decision and if that happens you will need to be careful about engaging independent contractors in the future. It is our view that is judgment will be very important for many employers. It may change the face of how a business operates. We will be providing an Employment Law News issue specifically on this case once it has been released.
In the meantime we have set out for you below some issues to consider with regard to independent contractors.
Today many people consider becoming an independent contractor as a viable career option because they are seeking flexibility, variety and job satisfaction. Contracting also provides such people with a reduction in stress.
Contractors are often high achievers who are strongly performance orientated and committed to the success of each project. In times of change contractors are focused on the outcome of projects without a desire to get involved with internal politics.
Often contractors are the first option when businesses are considering change. Various skills and talents can be bought in as required. Contracting is an ideal way of accessing skilled people with fresh market knowledge without the commitment of an employment relationship. People are increasingly choosing the flexibility contracting offers.
Contractors are viewed as adaptable and change orientated with valuable experience to add to an organisation.
Many knowledgeable Managers and CEO’s consider that the future work place will involve businesses that have a core of skilled workers supplemented with contractors that come and go as needs dictate.
Against a backdrop of global skill shortages and an ageing workforce, the environment is set for contract workers to be a significant part of the employment landscape well into the future. For this reason the Supreme Court case on this matter will be significant for many organisations.