EMPLOYMENT APPEALS TRIBUNAL
Sue Ryder Foundation (Ireland) Limited
UNFAIR DISMISSALS ACTS 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms. M. Levey B.L.
Members: Mr R. Murphy
Mr J. Maher
heard this claim at Dublin on 12th October 2016
Claimant: In person
Respondent: Noel Smyth & Partners, Solicitors, 12 Ely Place, Dublin 2
The determination of the Tribunal was as follows:-
The representative for the respondent company raised the issue with regards to the Tribunal’s jurisdiction to hear this claim and presented written submissions that the claimant was not an employee of the respondent but an independent contractor who was contracting his services to the respondent. The respondent is a charitable organisation with shops throughout the country.
Summary of evidence:
The claimant read his submission to the Tribunal and outlined his position saying that he was initially employed for 12months in 2007 but that his employment continued until December 2014 and he worked exclusively for the respondent from 2008 onwards as their shops director.
A representative from the respondent told the Tribunal that some years previous he spoke with a friend BT who had sold his business and it was suggested that he could do some work for the organisation on a pro – bono/consultancy basis. A sum on money was agreed and it was paid to a company of which BT was a director. Sometime later BT asked to bring the claimant on board and his monies were paid to a company of which the claimant was secretary/director. Both were responsible for opening shops, tightening up on existing ones and putting things on a better business footing. He said the board had no control over anything the claimant did, he was paid a monthly amount for his work and looked after his own tax affairs. Both the claimant and BT were advised in December 2014 that their services were no longer required.
It is understandable that the claimant may have felt a close association with the organisation which he gave considerable time and effort to enhancing but the Tribunal is satisfied that there was a contract for service between the parties. The claimant was responsible for supplying his own transport/insurance, was VAT registered and director of the company to whom his wages were paid. He was brought into the organisation by a colleague BT and while contracts were drawn up for all employees he did not consider this as a requisite for himself.
Therefore the Tribunal does not have jurisdiction to hear these claims under Unfair Dismissals Acts 1977 to 2007.
Sealed with the Seal of the
Employment Appeals Tribunal