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Bryson v Three Foot Six Ltd
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Bryson v Three Foot Six Ltd : ウィキペディア英語版
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. The case concerned whether or not the Employment Court had erred in law by determining that Bryson was an employee of Three Foot Six Ltd. The decision has been made redundant in the film industry by the passage in 2010 of the Employment Relations (Film Production) Amendment Act during the production of the ''The Hobbit.''
==Background==
Bryson, a hobby model-maker for twenty years had worked for Weta Workshops in 1996 and 1997 before working for them again in 1998 and in 2000 to make models for The Lord of the Rings.〔''Bryson v Three Foot Six Ltd ''() NZSC 34 at ().〕
In April 2000, Bryson was seconded to a temporary position at Three Foot Six, although after two weeks work he was offered a permanent position as an on set model technician.〔''Bryson v Three Foot Six Ltd ''() NZSC 34 at ().〕 Bryson was not given any form of written employment agreement when he began work at Three Foot Six.〔''Bryson v Three Foot Six Ltd ''() NZSC 34 at ().〕
In October 2000 Three Foot Six gave all crew a written contract which referred throughout to "Contractor" and "Independent Contractor" and Bryson continued to work for Three Foot Six through 2001 before being made redundant at the end of September 2001.〔''Bryson v Three Foot Six Ltd ''() NZSC 34 at ().〕
Bryson raised a personal grievance alleging unjustified dismissal, an action that can only be brought if Bryson is found to be an employee and not a contractor.〔''Bryson v Three Foot Six Ltd ''() NZSC 34 at ().〕
The matter of whether Bryson was an employee was dealt with as preliminary question. At first instance the Employment Relations Authority (ERA) found Bryson to be a contractor but when the matter was heard ''de novo'' in the Employment Court in 2003 Judge Shaw decided Bryson was an employee. On appeal by Three Foot Six, a majority of the Court of Appeal overturned the Employment Court decision and restored the decision of the ERA.〔''Bryson v Three Foot Six Ltd ''() NZSC 34 at ().〕
Bryson took the matter to the Supreme Court on appeal.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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