Five years of regular scheduling patterns for work reveal true nature of relationship
23 May 2025
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The Employment Relations Authority (ERA) recently dealt with an employment dispute involving a worker who had been employed for over five years but found herself questioning the true nature of her working arrangement.
The worker argued that despite being classified as casual, her employment had evolved into something more permanent with regular hours and ongoing expectations.
The worker raised several key concerns about her treatment, including claims that her hours had been unilaterally reduced and that she had been dismissed in disputed circumstances.
She challenged the casual classification of her role, arguing that the reality of her working arrangement differed significantly from what was described in her employment contract.
Casual employment classification dispute
The worker started employment as a cleaner in August 2018 at various properties owned by a family-run accommodation business in Twizel.
The business operated three accommodation sites including a 25-unit motel, a lodge with four studio units, and a separate two-bedroom accommodation facility located two kilometres apart.
The worker had personal connections to the business owner's family, describing them as friends she had known throughout her life. She began working after returning to Twizel from Wanaka, where she had previously held a permanent part-time hospitality role.
Initially, no formal...
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