Protection of Employment (Measures to Counter False Self-Employment) Bill 2018

The Government has recently published the Protection of Employment (Measures to Counter False Self-Employment) Bill 2018. The purpose of the Bill according to the draft is to declare the relationship between employer and employee to be a status relationship, to declare the question whether an individual is an employee or [...]

By |2019-10-18T10:23:48+00:00February 20th, 2018|Blog, Employee, Employee v Self Employed, latest news, Litigation, Protection of Employment (Measures to Counter False Self-Employment) Bill 2018, Self Employed|Comments Off on Protection of Employment (Measures to Counter False Self-Employment) Bill 2018

High Court Considers Whether Translator/Interpreter is Employee for Unfair Dismissal Purposes

In the case of Mc Kayed v Forbidden City Limited t/a translations.ie [2016 IEHC 722]  the issue arose as to whether or not the plaintiff was an employee of the defendant in the context of a potential claim under the Unfair Dismissal Acts 1977 (as amended). The judgement of Ms [...]

By |2019-10-18T10:24:54+00:00January 9th, 2017|An Garda Siochana, Appeal, Appeal Hearing, Contracts of Employment, Employee, Employee v Self Employed, High Court, latest news, Litigation|Comments Off on High Court Considers Whether Translator/Interpreter is Employee for Unfair Dismissal Purposes

Employee v Self Employed – Issues of Control, Tax, PRSI and Mutuality of Obligation

We are often asked to advise on whether a person is an employee (engaged under a "contract of services") or self employed (engaged under a "contract for services"). The designation is important for a number of reasons including the entitlement of a person to claim employment rights and tax issues [...]

By |2019-10-18T10:20:33+00:00July 31st, 2013|Contracts of Employment, Employee v Self Employed, Employment Appeals Tribunal Decisions July 2013, latest news, Litigation, Unfair Dismissal|Comments Off on Employee v Self Employed – Issues of Control, Tax, PRSI and Mutuality of Obligation

High Court upholds Equality Tribunal decision that Garda Reserve not employee

The High Court was recently asked to consider an appeal and cross appeal brought pursuant to Section 79(5) of the Employment Equality Act 1998 (as amended) ("the Equality Acts") in the case of Ravinder Singh Oberoi v The Commissioner of An Garda Siochana [2013] IEHC 267. Background Section 79(5) of [...]

By |2019-10-18T10:20:34+00:00July 22nd, 2013|Discrimination, Employee v Self Employed, Equality, Equality Tribunal, High Court, latest news, Litigation|Comments Off on High Court upholds Equality Tribunal decision that Garda Reserve not employee

Unfair Dismissal – Employment Appeal Tribunal jurisidction to hear claim – Employee v Self Employed

In the recent decision of Eamonn McCotter v Quinn Insurance Group UD 242/2011; RP290/2011 the Employment Appeals Tribunal considered the question of whether it had jurisdiction to hear the Claimant's unfair dismissal/redundancy claim in circumstances where the Respondent argued that the Claimant was not an employee. Although the conclusion reached by the Tribunal is of [...]

By |2019-10-18T10:19:02+00:00February 19th, 2013|Contracts of Employment, Employee v Self Employed, Unfair Dismissal|Comments Off on Unfair Dismissal – Employment Appeal Tribunal jurisidction to hear claim – Employee v Self Employed

High Court Accident at Work Claim fails – Plaintiff not employee of Defendant

Whilst reviewing health and safety updates for a paper I am preparing,  I came across the case of Donnelly v LPB Building Services Limited and Bernard  Tansey [2012] IEHC 17 of which the Judgement of Mr. Justice Michael Peart was delivered on 20th January 2012 in the High Court. The case was reported on [...]

US Court rules Vatican cannot be held legally liable for activities of Irish priest

Interesting report in the Irish Independent today whereby a US District Court has held that the Vatican cannot be held legally liable for the activities of a paedophile Irish priest. An alleged victim of the now deceased priest sought to have liability imposed on the Vatican on the basis that senior [...]

By |2019-10-18T10:16:21+00:00August 22nd, 2012|Employee v Self Employed|Comments Off on US Court rules Vatican cannot be held legally liable for activities of Irish priest

Minister brings High Court action to clarify Labour Court ruling that a teacher is an “employee” of the Minister

Interesting report in the Irish Times today on a case I came across recently from the Labour Court. The Minister for Education has brought a High Court action seeking to clarify a Labour Court finding that a teacher is an "employee" of the Minister. The case arises from a complaint [...]

By |2019-10-18T10:16:21+00:00July 31st, 2012|Employee v Self Employed, Equality, Labour Court, pensions|Comments Off on Minister brings High Court action to clarify Labour Court ruling that a teacher is an “employee” of the Minister

Extension of doctrine of “vicarious liability” – Bishop is vicariously liable for actions of priest even though priest is not “employee” of bishop

In a very interesting case (JGE v The Trustees of the Portsmouth Roman Catholic Diocesan Trust [2012] EWCA Civ 938 (CA (Civ Div)) (England and Wales)) reported in Irish Times today, a judgment of the Court of Appeal (Civil Division) of England and Wales, given on July 12, 2012, held that although a [...]

By |2019-10-18T10:16:00+00:00July 30th, 2012|Employee v Self Employed, UK Court of Appeal|Comments Off on Extension of doctrine of “vicarious liability” – Bishop is vicariously liable for actions of priest even though priest is not “employee” of bishop