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 employee in order to attract the [...]
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 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 [...]
In a recent case before the WRC, the Adjudicator sets out some of the key points to consider in determining whether there is a contract of services (employee) or a contract for services (self employed). This case centered on a sales consultant who had an arrangement with an e-commerce company [...]
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 [...]
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 [...]
