Bryson v Three Foot Six Ltd

Case [2005] NZSC 34


IN THE SUPREME COURT OF NEW ZEALAND

SC CIV 24/2004 [2005] NZSC 34

BETWEEN  JAMES BRYSON Appellant

ANDTHREE FOOT SIX LIMITED Respondent

ANDNEW ZEALAND COUNCIL OF TRADE UNIONS

First Intervener

ANDBUSINESS NEW ZEALAND Second Intervener

Hearing:         8 April 2005

Court:            Elias CJ, Gault, Keith, Blanchard and Tipping JJ Counsel:     M E Gould and T J Anderson for Appellant

P M Muir and L S Jenkins for Respondent
L J Taylor and C P Chauvel for New Zealand Council of Trade
Unions as First Intervener
B A Corkill and S J Davies for Business New Zealand as Second
Intervener

Judgment:      16 June 2005

JUDGMENT OF THE COURT

A.       The appeal is allowed.

B.       The decision of the Employment Court is restored.

C.       Costs in favour of the appellant against the respondent will be fixed by the Court following receipt of written submissions.

BRYSON V THREE FOOT SIX LIMITED SC CIV 24/2004 [16 June 2005]

REASONS

(Given by Blanchard J)

[1]      Between 17 April 2000 and 28 September 2001 Mr Bryson did work for Three Foot Six Ltd in its miniatures unit which was filming special effects for the Lord of the Rings project.   The issue before the Court is whether he did so as an employee or as an independent contractor.   Only if he was an employee can he pursue his personal grievance claims against Three Foot Six under the Employment Relations Act 2000.

[2]      The matter has been dealt with as a preliminary question.  The Employment Relations Authority took the view that Mr Bryson was a contractor.1    Mr Bryson elected to have the matter heard de novo by the Employment Court.  In a reserved judgment delivered on 14 October 2003, Judge Shaw held that Mr Bryson had been employed under a contract of service and so had been an employee.2   The Court of Appeal gave leave to appeal, saying that there was a qualifying question of law involved.3   By majority (William Young J and O’Regan J; McGrath J dissenting) it allowed  the  appeal  of  Three  Foot  Six  and  restored  the  determination  of  the Authority.4

The Employment Court’s decision

[3]      Judge Shaw’s decision was expressed with commendable brevity.  We adopt her description of the background facts:

[9]       Mr Bryson has a 20-year history of model making as a hobby.  He had  worked  for  Weta  Workshop  in  1996  and  1997.    In  1998  he  was employed by Weta Workshops to make miniatures/models for the film The Lord of the Rings.  He rejoined Weta Workshops model shop in February

2000 and continued working on The Lord of the Rings models.

[10]      Weta Workshop has a close working relationship with Three Foot Six Limited (Three Foot Six).   It is not unusual for staff to be seconded between the two companies.   In 1999 Three Foot Six was established to administer the production of The Lord of the Rings.  It had a miniatures unit

1      Determination No. WA1/03, 7 January 2003 (Mr Stapp).

2      [2003] 1 ERNZ 581.

3      CA215/03, 8 December 2003.

4      CA246/03, 12 November…

Continue reading Bryson v Three Foot Six Ltd

Sign in free to access the full text

Details
AGLC
Bryson v Three Foot Six Ltd [2005] NZSC 34
Case
[2005] NZSC 34
Decision Date

CaseChat Overview and Summary

In the Supreme Court of New Zealand, James Bryson appealed against the decision of the Employment Court, which found that he was an employee of Three Foot Six Ltd during his work on the Lord of the Rings project. The Court of Appeal had allowed the appeal of Three Foot Six, finding that Bryson was an independent contractor. The key issue before the Supreme Court was whether the Employment Court's finding that Bryson was an employee was correct. The Supreme Court found that the Court of Appeal had erred in law in allowing the appeal. The Court held that the Employment Court had correctly applied the relevant statutory provisions and had not overlooked any relevant matters or taken account of some matter which was irrelevant to the proper application of the law. The Supreme Court allowed Bryson's appeal and restored the decision of the Employment Court, finding that he was an employee of Three Foot Six Ltd. Costs were to be fixed in favour of Bryson against Three Foot Six.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.