Rewriting the Rules: Research that changed a landmark employment ruling

Prof Carolyn Sutherland, 2026

Purpose

Professor Carolyn Sutherland.

Whether someone is legally an employee or a contractor decides whether they receive minimum wages, leave and basic protections. Carolyn Sutherland's research set out to challenge the outdated assumptions judges have long relied on when making that call.

Practice

Rather than approaching the judiciary directly, Carolyn published her findings in a leading law journal widely read by judges themselves – letting the strength of the research speak for itself.

Output

Her work was cited and applied by the chief judge of the New Zealand Employment Court in the landmark Pilgrim v Attorney-General decision, which found six members of the Gloriavale religious community were paid employees, not unpaid volunteers, overturning previous rulings.

Outcome and impact

The decision immediately restored employment rights to the claimants and validated their lived experience. Its reasoning is already shaping subsequent New Zealand litigation, and it carries real potential to influence Australian courts, where similar legal principles apply.