Wellington Court Rules Dancers Were Employees, Not Contractors

When five dancers at a Wellington club questioned their pay structure, they lost their jobs within 24 hours. Now, a court ruling has validated their concerns and recognized their rights as employees.

The Employment Court declared that five former Calendar Girls dancers were employees, not independent contractors, during their work between 2015 and 2023. Judge MS King found that despite contracts labeling them as contractors, the club exercised an unusually high degree of control over their work.

The evidence painted a clear picture of an employment relationship. Calendar Girls set shift rosters, mandated service prices, controlled stage music, and imposed strict appearance rules. Dancers faced systematic monetary fines for infractions like missing a stage spot, arriving late, or wearing underwear at prohibited times.

"The presence and level of control exercised by Calendar Girls went beyond what was necessary to ensure quality of service," Judge King stated. The club also retained between 40% and 57% of customer fees and barred dancers from working at competing venues.

The dispute began in January 2023 when management proposed a new contract that increased service prices while reducing dancer pay. In response, 37 dancers signed a letter requesting the original payment ratios be maintained. Director James Samson terminated 19 signatories within a day, including the five plaintiffs, and brought in replacement dancers from Auckland.

The court noted the "inequality of bargaining power between the parties, which points away from the plaintiffs being in business on their own account." This recognition matters because it determines whether workers can access basic employment protections and remedies.

The Bright Side

This ruling does more than resolve one dispute. It establishes important legal precedent for workers in adult entertainment and other industries where employers misclassify employees as contractors to avoid providing protections.

The five women can now proceed with their personal grievance claims for wrongful termination. The court granted permanent non-publication orders protecting their identities, acknowledging safety risks and stigma associated with adult entertainment work.

The decision sends a clear message that employment rights apply regardless of industry, and that signing a contractor agreement doesn't override the reality of the working relationship.