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Employee v Self Employed

A recently published case of the Workplace Relations Commission is a simple reminder to employers to have any working relationship properly documented. Here the claimant sought payment for 11 weeks work. A contract of employment was drawn up at the outset but not signed. The employer sought to argue that the employee was in fact “self employed” and the relationship between the parties was “loose”.

The Workplace Relations Commission disagreed however and stated

“I am therefore inclined to accept that where both parties had initially agreed to his being a salaried employee and the Contract of Employment engaged him in that capacity and his day to day actions were consistent with this relationship nothing further was agreed which reversed or tainted this initial understanding”

Case Tip – Employers should properly document the intention of the parties and ensure that any terms and conditions of employment are in writing and signed by both sides, where possible

A copy of the decision can be found here.

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