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Payment of allowance does not convert volunteer into employee…

The Employment Court has held that payment of a $1,500 allowance, partly an expense reimbursement and partly a small honorarium in appreciation of effort, did not turn a volunteer into an employee.

The plaintiff knew when he took on the role that it was a voluntary position and there was no contractual basis that made him an employee.

An employee is defined as a person who does work for reward under a contract of service.

The payment in this case was not a “reward” and therefore the volunteer did not become an employee. In addition the “employer” could not have enforced any rights as employer under the agreement as the volunteer could leave at any time.