Bryson v Three Foot Six Ltd

Bryson v Three Foot Six Ltd was a decision of the Supreme Court of New Zealand regarding the real status of a worker as either an employee or an independent contractor.

[10] Justice Blanchard retorted that, "We are unable to find in her judgment anything concerning s 6 which does not appear faithfully to reflect the words of the section.

"[11] The Supreme Court ruled that "all relevant matters" referred to in section 6 of the Employment Relations Act includes, Secondly, it was alleged Judge Shaw had "fell into error in saying that the real nature of the relationship could be ascertained by analysing the tests that have been historically applied such as control, integration, and the “fundamental” test."

Justice Blanchard disagreed, "She correctly used them, in conjunction with the other relevant matters to which she referred, in an endeavour to determine the real nature of the relationship, as directed by s 6(2).

[15]Three Foot Six's fourth argument, that Judge Shaw was wrong to say there was no evidence of Bryson acting as a separate business entity when tax invoices existed, was swatted down by Justice Blanchard who reasoned that, "She plainly, and in our view correctly, felt that it did not provide any support for the respondent’s case".

[19] On 29 October 2010 the New Zealand Parliament passed the Employment Relations (Film Production) Amendment Act under urgency after pressure from the makers of The Hobbit.

[20] The law changed the definition of employee in section 6 of the Employment Relations Act to exclude all workers involved in the film production industry.