When is a Qualification Not Sufficient? When a Law Court Judge Says So!

Roy Dumble
The Nelson Dive Centre judgements from May 2001, and the subsequent appeal, have highlighted issues pertinent to the outdoor industry in general. As well as clarifying what it is that constructs an employee and a contractor relationship, it raises potential concerns around the usefulness of certification of (outdoor) instructors. The case deems awards, qualifications, experience and judgement that are part of certification are necessary, but not sufficient. It also questions the notion of experience within the traditional period from student to instructor, and suggests that an award is not a good indicator of judgement and decision making abilities.

Finally, the case highlights that instruction manuals do not devolve responsibility from the employer to the individual instructor. While recognising that the face value of the judgement can be quickly summed up by instructors who may resolve to be ‘more careful’ in the field, Roy suggests there are wider ramifications, including concerns for the employer, and the consequences for the structure and process of certification for outdoor instructors.

To download the MS Word presentation of this key note address click on the icon below: