Talkback host has claim cut off by Employment Court
12 Jun 07Miles Davis began his broadcasting career with the "TRN" (Radio New Zealand) network as a correspondent covering the Soccer World Cup in France in 1998. He later obtained radio and television work with the rival "Canwest" network and for a time undertook radio and television work for both TRN and Canwest.
In September 2004 Mr Davis and his company, Large Productions Limited, signed a contract with Canwest and he ceased working for the TRN network. The contract provided that Large Productions was an independent contractor to Canwest and that Mr Davis was employed by Large Productions. Canwest provided Mr Davis with work on a variety of shows, including a "Drive Time" show on Radio Pacific and a talkback show on Saturday and Sunday nights on the new Radio Live station. In October 2005 Canwest gave Mr Davis a warning about his on-air behaviour and replaced him as regular host of the weekend shows. Canwest then gave Mr Davis casual shifts and shortly afterwards terminated his services.
Mr Davis filed a personal grievance against Canwest claiming unjustified dismissal. Canwest argued that Mr Davis was not an employee, but rather an independent contractor, and it therefore had no case to answer. The Employment Court considered the history of the relationship between the parties, the independent contractor agreement, and the manner of the payments made by Canwest to Large Productions. It concluded that the arrangement by which Canwest engaged Large Productions and not Mr Davis directly could not be ignored and that the relationship between the parties never reached the point where Mr Davis was employed directly be Canwest. Mr Davis' claim was dismissed on the basis he was not employee of Canwest.
In September 2004 Mr Davis and his company, Large Productions Limited, signed a contract with Canwest and he ceased working for the TRN network. The contract provided that Large Productions was an independent contractor to Canwest and that Mr Davis was employed by Large Productions. Canwest provided Mr Davis with work on a variety of shows, including a "Drive Time" show on Radio Pacific and a talkback show on Saturday and Sunday nights on the new Radio Live station. In October 2005 Canwest gave Mr Davis a warning about his on-air behaviour and replaced him as regular host of the weekend shows. Canwest then gave Mr Davis casual shifts and shortly afterwards terminated his services.
Mr Davis filed a personal grievance against Canwest claiming unjustified dismissal. Canwest argued that Mr Davis was not an employee, but rather an independent contractor, and it therefore had no case to answer. The Employment Court considered the history of the relationship between the parties, the independent contractor agreement, and the manner of the payments made by Canwest to Large Productions. It concluded that the arrangement by which Canwest engaged Large Productions and not Mr Davis directly could not be ignored and that the relationship between the parties never reached the point where Mr Davis was employed directly be Canwest. Mr Davis' claim was dismissed on the basis he was not employee of Canwest.
