Why calling workers ‘volunteers’ won't protect you from employment obligations
07 May 2025
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The Employment Relations Authority (ERA) recently dealt with a case where a worker claimed that she had been employed and were entitled to wages, holiday pay, and other benefits under New Zealand employment law.
The worker argued she had signed an employment agreement and performed work as directed, but had never received any payment.
The employer rejected these claims, arguing that no employment relationship existed and that the worker was merely a volunteer participating in community activities for their own benefit.
They denied that any contract had been signed and maintained that their operation was simply a free "community platform" rather than a business.
With both sides presenting contradictory accounts about their relationship, the ERA needed to determine whether an employment relationship existed, what terms governed that relationship, and what remedies might be appropriate if the worker's claims were upheld.
The case involved a young Pasifika woman who attended a free modelling workshop run by the employer at the Otahuhu Youth Space in August 2022. At the conclusion of the workshop, the worker signed a document which stated she "will be employed under a casual contract" with EBM Models.
The agreement outlined expectations including that models must not work with other brands without consulting the agency.
The employer claimed she...
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