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Three Foot Six not a test case

16 June 2005

Three Foot Six not a test case

The case James Bryson v Three Foot Six Ltd should not be seen as a test case, says Business NZ.

Business NZ Chief Executive Phil O'Reilly says the case, which aimed to determine whether Mr Bryson was a contractor or an employee (and therefore whether he was eligible to pursue a personal grievance case for unjustifiable dismissal), was focused on Mr Bryson's individual circumstances and not on industry practice.

"The film industry uses contractors because of the fact that the work is intermittent and project-based. But the Court wasn't given enough evidence to support this fact. So industry practice was effectively discounted as a reason for judging Mr Bryson to be a contractor," Mr O'Reilly said.

"This won't be a test case for the industry, because the judgment focused on Mr Bryson's individual circumstances. It should not cause any major problems for the industry continuing to use contractors."


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