In the recent case Neufield v A and N Communication in Print Ltd, a controlling shareholder who held 90% shares) was in fact also deemed to be an employee in an unfair dismissal case.

Two addition points were:

 

  • the relevant date for the shareholding is the date of dismissal not the date of the contract of employment

     

  • even through the individual had given guarantees to the bank for fundraising it did not affect the employment status.

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