Five dancers dismissed after protesting a cut to their earnings sought court declarations as employees
Five exotic dancers who worked at a Wellington strip club have been classified by New Zealand's Employment Court as employees rather than independent contractors, after the court found the club exercised control over "every facet" of their work.
In the court's decision, Judge M S King declared that the dancers were employees of GSMN Ltd, formerly Calendar Girls NZ Ltd, while they worked at its Calendar Girls Wellington club.
"I conclude that the plaintiffs were employees of Calendar Girls, rather than independent contractors, during the period for which they worked for Calendar Girls as dancers," the judge wrote.
The dancers started at the club between December 2015 and January 2022. In January 2023, Calendar Girls told its dancers it would raise the prices of its services and keep a larger share of the revenue.
Under the proposed new contract, a 15-minute standard booth lap dance would rise from $100 to $150, while the dancers' share would fall from 60% to 50%.
Thirty-seven dancers signed a letter asking for the previous rates to be reinstated. Within 24 hours, the company's sole director, Mr Samson, posted on the club's Facebook group telling 19 of the signatories, including the five plaintiffs, to clear out their lockers and collect their final pay.
The dancers raised personal grievances. However, those claims cannot proceed...
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