Independent Contractors and Strike Action in New Zealand

New Zealand Universities Law Review, Vol. 27, No. 1, pp. 162-184, 2016

Sydney Law School Research Paper No. 17/46

24 Pages Posted: 3 Jun 2017

See all articles by Shae McCrystal

Shae McCrystal

The University of Sydney Law School

Date Written: June 1, 2016

Abstract

Can independent contractors take strike action?

This paper addresses this question in the context of New Zealand labour and competition laws through the lens of the exclusion of film industry workers from the Employment Relations Act 2000 (NZ).

The paper explores the liability that can arise where a group of independent contractors collectively withdraw their labour in the pursuit of better terms and conditions of engagement. While the discussion focuses on New Zealand workers, a comparative analysis is used, by drawing parallels with the legal position in Australia.

Keywords: Collective bargaining, strike action, independent contractors, Hobbit Dispute, anti-competitive conduct, authorisations, ACCC, Commerce Commission, collaborative activities

JEL Classification: K10, K30, K31

Suggested Citation

McCrystal, Shae, Independent Contractors and Strike Action in New Zealand (June 1, 2016). New Zealand Universities Law Review, Vol. 27, No. 1, pp. 162-184, 2016; Sydney Law School Research Paper No. 17/46. Available at SSRN: https://ssrn.com/abstract=2979079

Shae McCrystal (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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