Pacific talent agency fined nearly $29k for unlawful dismissal and exploitation of model

The Employment Relations Authority has determined that a model was an employee of talent agency EBM Artistry, not a volunteer.

The agency’s founder, Ernestina Bonsu-Maro, must pay Caitlyn Smythe a total of $28,782.60, which includes distress compensation, unpaid wages, and a penalty fee for breaching the Employment Act.

Rachel Larmer, of the Employment Relations Authority, highlighted several breaches of employment standards and minimum code legislation, saying they involved the exploitation of a young, vulnerable member of the Pasifika community.

Larmer says the breaches were negligent and occurred within a “distinct power imbalance”.

“Ms Bonsu Maro held herself out to be a leader in the Pasifika community, and she specifically targeted young Pasifika people to work under her EBM brand.”

Bonsu-Maro denies any wrongdoing and maintains she operates a free community platform designed to support locals engage with the fashion industry while participating in events and workshops.

Hopeful beginnings

In August 2022, Caitlyn Smythe attended one of these workshops in Ōtāhuhu and signed paperwork at the event, along with other attendees.

While Smythe did not keep a copy of the document, Larmer considered this the beginning of an employment relationship.

Caitlyn Smythe at NZ Fashion Week 2025. Photo/Facebook

Over the next seven months, Smythe worked a total of 137 hours before being crowned Miss Earth New Zealand in 2023.

When Smythe inquired about payment, she received a dismissal letter from Bonsu-Maro on 16 April 2023 stating, “Will no longer need you on our EBM Models (sic) books, due to EBM Model’s expectations, but also respecting your personal choices with your journey in this particular industry.”

Bonsu-Maro has extensive experience in the beauty pageant and modelling sector. She was the Third Runner-Up for the Miss Pacific Islands pageant in 2017, representing the Cook Islands.

Legal requirements

In New Zealand, models can operate as freelancers or work under an agency, where they can only accept work with the agency’s consent.

The trading name, “EBM Artistry”, is not currently listed as a company or legal entity, meaning Bonsu-Maro is treated as the employer. A company listing for EBM Artistry Services was registered in June 2020 with Bonsu-Maro as the main shareholder, but it was removed in September 2021.

In the determination, Larmer states that models believed it was compulsory to attend bookings and workshops and felt restricted from exploring modelling opportunities with other providers.

“Although Ms Bonsu Maro had not set up her EMB [sic] Models brand to be able meet those legal requirements, she was sending Ms Smythe and other models out under that brand as if it were a legitimate modelling agency,” Larmer says.

“The young inexperienced models could not reasonably have been expected to know there was in fact no licensed ‘modelling agency’.”

Messages from Bonsu-Maru to Smythe indicated that models would be compensated for their work.

Watch Ernestina Bonsu-Maro speak about her African-Pacific heritage below.

In 2023, Bonsu-Maro sent a message to Smythe stating, “Especially with my brand Caitlyn, you need to be aware of this - it’s super important, with my brand my models get something. They don’t work for free…”.

Bonsu-Maro told the Authority that the agreement was drafted with the intention of offering paid employment when the brand transitioned to a professional agency, claiming the first page served as a signup sheet for models to express their interest.

Larmer did not accept this explanation, stating that the document presented itself as “creating a contractual and therefore binding relationship”.

“Ms Bonsu Maro was dealing with inexperienced and young Pasifika youth (mainly girls/young women) who could reasonably be viewed as being in a relatively vulnerable position, compared to older more experienced employees, because they were not aware of their legal rights and were reliant on Ms Bonsu Maro to treat them fairly and in compliance with her legal obligations.”

Ernestina Bonsu-Maro is the founder of EBM Artistry. Photo/File

ERA Determination

The Authority found that Bonsu-Maro failed to keep and produce wage and time records for Smythe, neglected to maintain holiday and leave records, and breached the Minimum Wage Act.

Bonsu-Maro is ordered to pay Smythe $28,782.60 within 28 days, which consists of:

• $3250.57 gross wage arrears for hours worked, annual holiday pay, and KiwiSaver arrears

• $15.00 to reimburse the work expense incurred for entry to the Bride & Groom show

• Interest of $381.65 on the amount owing of $3265.57

• $2135.38 gross lost remuneration

• $20,000.00 in distress compensation

Bonsu-Maro has 14 days to lodge any reply memorandum.