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A former worker for internet mogul Kim Dotcom and his wife, parliamentary candidate Elizabeth Dotcom, is taking them to court, alleging breaches of employment standards.
The worker has name suppression and is identified only as VLN in published legal decisions.
VLN was engaged between the end of January and late March this year by the company Contractors Only Ltd, and provided services as a “homeworker” at Kim and Elizabeth Dotcom’s properties.
Contractors Only Ltd is listed on the Companies Office register online, with Elizabeth Dotcom as its only director.
In April, VLN lodged an application with the Employment Relations Authority (ERA) seeking a determination that they were an employee of the couple.
If they were determined to be an employee, VLN claimed there had been personal grievances in the employment relationship, unpaid wages and breaches of minimum statutory requirements.
Alternatively, if they were deemed to be an employee of Contractors Only Ltd, VLN sought orders under the Employment Relations Act 2000 against its director Elizabeth Dotcom.
According to an ERA decision dated July 29, VLN alleged Elizabeth Dotcom was “a person involved in breaches of employment standards and liable for any default in payment by the employer”.
VLN urgently sought to have the case moved from the ERA to the Employment Court, pointing out that they would be disadvantaged if Kim Dotcom lost the case he is fighting against extradition to the United States.
US authorities want Dotcom to face criminal charges there related to his former role as the founder and head of the defunct file-sharing website Megaupload.
Authority member Philip Cheyne granted VLN’s request to send the worker’s case directly to the Employment Court.
“There is a public interest in resolving at least ... part of VLN’s problem without it being frustrated by the departure from New Zealand of Mr Dotcom,” Cheyne said.
The case is headed towards the Employment Court as Elizabeth Dotcom stands as a candidate for the Freedom Party (Outdoors & Freedom) in the November general election.
She will contest the Kaipara ki Mahurangi electorate in northwest Auckland, held by National MP Chris Penk, who is leaving politics after being demoted by leader Christopher Luxon over a failed leadership coup.
While the substantive hearing in the VLN case is yet to take place in the Employment Court, the Dotcoms and Contractors Only Ltd have been ordered to pay the ex-worker’s costs in the case so far.
Cheyne ordered them to pay VLN $2250 in costs, and expenses of $225 by no later than October 23.
Elizabeth Dotcom married her German-Finnish internet entrepreneur husband in 2018 and they are parents to son Kash, who turns 4 this month. Kim Dotcom also has five children with former wife Mona.



