EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
UD2424/2011
EMPLOYEE -claimant
against
EMPLOYER -respondent
under
UNFAIR DISMISSALS ACTS, 1977 TO 2007
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. N. Russell
Members: Mr. J. Browne
Mr. F. Dorgan
heard this claim at Waterford on 8th January 2014
Representation:
Claimant: John P O'Donoghue, Solicitors, Suite No 2,
Waterside Chambers, Waterside, Waterford
Respondent: Mr. Don Culliton, Local Government Management Services
Board, Cumberland House, 2nd Floor, Fenian Street, Dublin 2
Determination:
The Claimant worked for EMPLOYER since 1979 having tendered most years for the contract. He provided the services of a digger which he operated himself save when absent on vacation or illness when he provided a replacement driver.
It was the Claimant’s contention that he was an employee and that the manner in which he was retained by the Respondent was simply “window dressing” and an effort on the part of the Respondent to avoid certain Statutory Obligations to him in his capacity as an employee.
On the Claimant’s own evidence an on the basis on undisputed documentation put before the Tribunal, it is clear that the Claimant was not an employee and never considered himself to be one during the currency of his work with the Respondent. Indeed, all of the evidence before the Tribunal clearly establishes the Claimant to have been an Independent Contractor.
In the circumstances, the Claim under the Unfair Dismissals Acts 1977 to 2007 fails
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)