Employment Court rules Calendar Girls dancers were employees, not contractors

The dancers took their case to the court after being dismissed, according to RNZ, for challenging changes to their work conditions. In its ruling, the court highlighted the level of control Calendar Girls had over the dancers, with numerous restrictions in place.

Cherida Fraser, from the Aotearoa Sex Workers Collective, told RNZ's Checkpoint that the dancers were handed a new contract on a work night that reduced their proportion of fees while also increasing the overall fees.

"They grouped together to address it and engage in good faith with the club and wrote their letter and tried to get a meeting with them," Fraser said. "But this was denied and they were just terminated immediately, which was grossly unjust."

"They lost their livelihoods overnight when they were actually just trying to engage in good faith," she said.

During a hearing earlier this year, the dancers argued they were effectively being treated as employees, not contractors. The court's ruling found the level of control the club exercised over how the dancers performed indicated an employment relationship.

The decision concerns the five dancers' work at the Wellington club, but the dancers say it sets an important precedent for the entire country's adult entertainment industry and how its workers are classified.

Analysis

Why This Matters

The ruling could affect how dancers and other performers across New Zealand's adult venues are classified, determining their access to minimum wage, leave and protection from unjustified dismissal.
It may encourage workers in other sectors where businesses exercise strong control to challenge contractor arrangements.
The decision does not automatically change the law for all venues; each case will depend on its specific circumstances.

Background

In New Zealand, workers engaged as independent contractors generally miss out on employment protections available to employees, such as holiday pay, sick leave and the right to bring personal grievance claims. Courts determine status by looking at the real nature of the relationship, including the degree of control a business exercises over a worker. The adult entertainment industry has commonly treated performers as contractors, but this ruling suggests that approach can be challenged where control is high.

Key Perspectives

The dancers: They were effectively dismissed for trying to negotiate in good faith after a new contract cut their fee share and raised overall fees. They say losing their livelihoods overnight was grossly unjust.

The Employment Court: It focused on the level of control Calendar Girls had over the dancers, including numerous restrictions on how they performed, which pointed to an employment relationship.

The industry: The club's own response was not detailed in coverage of the decision. The ruling nonetheless creates a precedent that other adult venues and workers will be watching, and similar cases could follow elsewhere in the sector.

What to Watch

Whether Calendar Girls appeals the decision to a higher court.
Whether other dancers or adult entertainment workers file similar claims based on the precedent.
How the ruling is applied in cases where performers have more autonomy, which would test the boundaries of the employment test.

Analysis

Why This Matters

Background

Key Perspectives

What to Watch

Sources