ADJUDICATION OFFICER DECISION

Adjudication Decision Reference:

ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000545

Complaint for Resolution:

At:                                        Workplace Relations Commission, Haddington Road, Dublin 4.

Date of Adjudication Hearing: 09/03/2016

Workplace Relations Commission Adjudication Officer: Rosaleen Glackin

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 8(1B) of the Unfair Dismissals Act, 1977, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.

Background

The Complainant referred a complaint to the Workplace Relations Commission on 11^th November 2015 alleging she had been unfairly dismissed by the Respondent on 24^th September 2015. The Complainant stated that she had been employed from 20^th January 2014.

Preliminary Issue.

The Respondent raised a preliminary legal issue in relation to the status of the Complainant and stated that she was on a Contract for Service. The Respondent stated that the Complainant provided services to four named Dental Clinics, three in Dublin, including the Respondent and one in Bulgaria.

The Complainant submitted monthly invoices to the named Respondent and she paid her own specialist insurance, she also filed a self assessment tax form to the Revenue Commissioners.

Evidence was provided of emails from the Complainant seeking self employed status with the named Respondent.

The Complainant confirmed this.

Section 41(4) of the Workplace Relations Act 2015 requires that I make a decision in relation to the complain

Decision:

Section 1 of the Unfair Dismissals Act provides that an employee is “an individual who has entered into or works under (or where the employment has ceased, worked under) a contract of employment ……”

Likewise Section 1 of the Act defines an employer as the person by whom the employee is employed under a contract of employment.

Both Parties confirmed at the Hearing that the Complainant was on a Contract for services, that she was self employed and submitted monthly invoices to the named Respondent on a monthly basis.

I do not have jurisdiction to hear this complaint under the Unfair Dismissals Act, 1977 as the Complainant is not an employee as defined by Section 1 of the Act.

Dated:   23^rd June 2016