In Barry, it was decided that a builder who was engaged as a contractor was in reality an employee.
In my view, the decision is correct on the facts. It’s another warning for businesses that seek to avoid employment law by engaging workers as contractors. It’s one of several recent cases which, for the most part, have found that on the facts, a worker was an employee, not a contractor.
For more on this, see: https://www.dukesons.co.nz/blog/Another-Case-Contractor-or-Employee-Dukesons-Business-Law-Employment-Lawyer-Business-Lawyer
Steve Dukeson - Dukesons Business Law