Google AI


Modern Australian

landmark ruling could trigger other workers' compensation claims from reality TV stars

  • Written by: Joellen Riley Munton, Professor of Law, University of Technology Sydney

This week, the Seven Network was found liable to pay a workers’ compensation claim brought by Nicole Prince, one of the contestants on its renovation reality television show, House Rules.

Prince suffered a major depressive episode, and symptoms consistent with post traumatic stress disorder after she and her partner were cast as the “mean girls” in the 2017 season of the series.

She provided convincing evidence program directors manipulated series content to ensure the pair appeared to be hypercritical of other contestants, drawing not only their hostility, but also an avalanche of hateful social media comment. (Channel Seven refused to remove the offensive and often violent posts.)

The case before the New South Wales Compensation Commission concerned a statutory claim under the Workers Compensation Act 1987 (NSW) for medical expenses.

However it raises the prospect of potential common law claims by other reality TV “stars” who have been treated badly. In the wake of the ruling, fellow reality TV contestants including Tracey Jewel from Married at First Sight have floated the possibility of legal action.

On the books

Prince’s success depended upon a finding she was an employee according to the common law test that defines employment. The difference between an employee and independent contractor is based on multiple factors and has developed with court decisions over time. To make a determination, courts look at each case and the overall “vibe” of the relationship between the parties.

landmark ruling could trigger other workers' compensation claims from reality TV stars Contestants Fiona Taylor and Nicole Prince (right) were portrayed as villains on the renovation reality show. Channel 7

Employees are also owed duties of care under tort law (which determines civil liability) and contract law (which governs agreements).

An employer who exposes an employee to unnecessary risk of foreseeable harm can also be held liable at common law for damages that can extend to lost earnings. In this case, Prince gave evidence she had been unable to find employment following her disastrous experience on the show.

The prospect for these kinds of claims has long been recognised in the United States, where claims by contestants (or their surviving family members) have been brought against television production companies, although rarely successfully.

In 2017, the US reality dating show Bachelor in Paradise was suspended for nine days pending allegations of sexual misconduct (later dismissed). Two contestants on the show had engaged in sexual activity under the influence of alcohol.

The scandal raised the question of when reality TV producers should intervene to protect contestants.

The sticking point in the US cases has been the ability of networks to disclaim employer status in their written contracts with contestants. In Australia, however, employment status cannot be avoided by contractual disclaimers if the court decides the relationship bears the hallmarks of employment, established in a number of High Court cases.

House Rules

The Workers Compensation Commission found Prince was engaged for remuneration ($500 a week plus $500 in allowances) to serve Seven’s business. Seven exerted control over when she worked, what she wore, and which tools she used.

As a featured personality, Prince was an integral part of their business. She was required to provide exclusive service, and give up her normal occupation, during filming.

Finally, Prince bore none of the entrepreneurial risks that would be involved were she engaged in her own business.

These factors were said to “overwhelmingly” indicate she was employed by Seven.

landmark ruling could trigger other workers' compensation claims from reality TV stars The original House Rules cast. IMDB

Once it was established she was an employee it was a straightforward matter to find her psychiatric illness was a consequence of her employment. While the Commission made no findings as to fault (statutory Workers Compensation claims are not fault-based), certain observations made in the reasons suggest Prince may well be able to demonstrate the harm she suffered was foreseeable.

The commission concluded Seven deliberately manipulated her on-screen portrayal as a nasty person, and was made aware of the torrent of abuse she was receiving as a consequence. It refused to take any steps to ameliorate the harm, no doubt because this kind of conflict and outrage is a calculated part of such shows’ audience appeal.

A legal landmark

This appears to be the first successful claim of this nature in Australia.

It’s possible claims brought by contestants who are physically harmed could be settled by the insurers.

This one, involving the infliction of psychological harm, opens a wide door to more potential claims from contestants who naively expect to be able to present themselves as their usual loveable selves on the television, and end up as social pariahs.

The amount Prince is to be compensated has not yet been determined. But in 2011, a NSW woman who suffered psychiatric illness and was unable work after she had been subjected to workplace bullying and harassment was awarded $438,000.

landmark ruling could trigger other workers' compensation claims from reality TV stars Reality television stars are frequently subject to online abuse. www.shutterstock.com

This case also raises some very interesting questions about whether reality TV contestants might bring other claims related to employment. Minimum wages, perhaps? Or superannuation entitlements?

Prior to the Prince decision, the Law Society of NSW published a tongue-in-cheek piece that flagged a shopping list of potential legal claims reality stars might pursue.

Those claims may be far-fetched, but the refusal of Seven’s insurer to pay Prince’s compensation claim – which set this legal precedent in motion – has opened up a proverbial can of worms for reality television producers.

Authors: Joellen Riley Munton, Professor of Law, University of Technology Sydney

Read more http://theconversation.com/new-house-rules-landmark-ruling-could-trigger-other-workers-compensation-claims-from-reality-tv-stars-125801

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Virtual Livestock Fencing and GPS Tracking: Improving Visibility Across Cattle Properties

What Virtual Livestock Fencing Means for Modern Cattle Management Managing cattle across extensive properties requires more than knowing where anim...

Sydney Pawnbrokers Explained: How Hocking Your Car Actually Works

Sometimes you need cash, and you need it soon. If you own a car, you may already have a way to get it. That's what people mean when they say they've...

Moving Interstate from the Gold Coast to Brisbane (or Back)? What Removalists Wish You Knew First

Have you talked to anyone who’s done the move? They say the same thing: the drive up the M1 is the easy part. It's everything around it that catches...

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...

What to Do When an Older Car Is No Longer Worth Keeping in Melbourne

Ever looked at another repair quote and wondered whether your old car is still worth the trouble? It is a common turning point for Melbourne motoris...

Your Baby's First Year: A Local Guide to Feeding, Sleep, and When to Get Extra Support

Ask ten parents in a Brisbane mothers' group how their baby is feeding or sleeping, and expect ten different answers.  Someone's baby sleeps throug...

Kitchen and Laundry Makeover Ideas That Don't Require a Full Renovation

Full kitchen renos are expensive — and most people don't actually need one.  They need the kitchen to stop looking like it's stuck in 2009, or they...

How Technology Is Reshaping the Modern Australian Commercial Kitchen

The commercial kitchen has always been shaped by technology. Refrigeration changed how ingredients could be stored, modern ventilation transformed k...

The Number on a Roller Blind Fabric That Nobody Explains

Somewhere in the fabric book, next to the colour name, there is a percentage. Three per cent. Five per cent. Ten per cent. Nobody explains it, most c...

What’s Trending in Men’s Jewellery This Father’s Day!

Finding a Father’s Day gift that feels personal, stylish and genuinely wearable is not always easy. While socks and novelty mugs have traditionally ...

Road Signs: Understanding Their Role in Clear and Effective Signage

Effective signage and display hardware can help businesses communicate information, promote products and organise customer or visitor movement. Road...

Bottle Label Printing: Key Factors to Consider Before Your Next Packaging Run

Effective packaging begins with understanding the product, bottle material, artwork and production requirements when planning bottle label printing. H...

Planning a Long-Distance Move With Interstate Movers Melbourne

Moving between states involves more planning than a typical local relocation. Along with packing and transporting household belongings, you need to...