Employee or Independent Contractor? WRC Provides Useful Overview of the Relevant Legal Tests

Published: 17 Mar 2023

Facts: The Complainant claimed that he commenced employment with the Respondent on 22nd June 2020 and that his employment was terminated by the Respondent at the start of February 2021. The Complainant worked as a courier/van driver for the Respondent. The Respondent claimed, in written submissions, that the Complainant was not an employee but a self-employed contractor between the relevant dates.

There was a conflict of evidence between the parties on a number of relevant points, including whether or not the Complainant supplied invoices to the Respondent, and what the nature of the arrangement was in accordance with which the Complainant’s wife carried out work for a period of time. The parties agreed on certain other matters, such as that the Respondent hired a van for the Complainant to use and provided insurance and that he was paid a daily rate of €130 for each day worked.


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Anne O'Connell

Firm: Anne O’Connell Solicitors
Country: Ireland

Practice Area: Labour and Employment

  • Fitzwilliam Hall,
    Fitzwilliam Place,
    Dublin 2

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