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 employee in order to attract the [...]

By |2020-06-10T12:30:02+00:00June 10th, 2020|Employee, Employee v Self Employed, latest news, Workplace Relations Commission, Workplace Relations Commission Decisions May 2020|Comments Off on Employee v Self Employed – Employers Be Careful of Label!!

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 [...]

By |2019-10-18T10:21:31+00:00October 7th, 2019|latest news|Comments Off on Employee v Self Employed

The Organisation of Working Time (Workers Rights and Bogus Self Employment)(Amendment) Bill 2019

The Government has published the Organisation of Working Time (Workers Rights and Bogus Self Employment)(Amendment) Bill 2019. The aim of the Bill is to amend the Organisation of Working Time Act 1997 ("the 1997 Act") to prohibit (a) the practice of designating employment as self-employment (b) to bring the Garda [...]

By |2019-10-18T10:23:47+00:00June 17th, 2019|latest news|Comments Off on The Organisation of Working Time (Workers Rights and Bogus Self Employment)(Amendment) Bill 2019

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

Employee v Self Employed – Useful Synopsis of the Law by the Workplace Relations Commission

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 [...]

By |2019-10-18T10:24:32+00:00January 17th, 2018|Uncategorized|Comments Off on Employee v Self Employed – Useful Synopsis of the Law by the Workplace Relations Commission

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