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Employee v Self Employed – Employers Be Careful of Label!!

Employee v Self Employed – Employers Be Careful of Label!!

The recent May decision of A Therapist v Health Service Provider ADJ00024495 highlights some of the tests that determine whether someone is an employee or self employed. The difference is very important as the complainant or person making the complaint needs to be an...

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

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...

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...