FULL RECOMMENDATION
SECTION 8A, UNFAIR DISMISSAL ACTS, 1977 TO 2015 PARTIES : ELEMENT PICTURES LIMITED (REPRESENTED BY DES RYAN BL, INSTRUCTED BY IRISH BUSINESS AND EMPLOYERS CONFEDERATION) - AND - JOHN ARKINS (REPRESENTED BY THE IRISH FILM WORKERS ASSOCIATION) DIVISION :
SUBJECT: 1.Appeal Of Adjudication Officer Decision NoADJ-00020849 CA-00027474-001 This is an appeal by Mr John Arkins (‘the Complainant’) from decisions of an Adjudication Officer, dated 28 May 2020, under the Unfair Dismissals Act 1977 (ADJ-00020849; CA-00027474-001) and under the Minimum Notice and Terms of Employment Act 1973 (ADJ-00020849; CA-00027474-002). Notice of Appeal was received by the Court on 4 June 2020. The Court heard the appeal in Dublin on 8 June 2021. Preliminary Issues At the outset of the within hearing, Counsel for Element Pictures Limited (‘the Respondent’) raised the following preliminary issues: (a) the within complaints are statute-barred; (b) the Complainant’s status at all material times was that of an independent contractor; (c) the fact that the Complainant has secured a determination (currently under appeal) from the SCOPE section of the Department of Social Protection that he was employed in fully insurable employment for the purposes of social welfare legislation is not binding on this Court and (d) the Respondent is not a party to a collective agreement that the Complainant seeks to rely on. Complaints Statute-barred The Complainant was engaged by Kilternan Film Productions Ltd pursuant to a Schedule D Crew Contract dated 26 April 2016. That contract is a contract for services and the Complainant was required to submit invoices on a weekly basis in respect of the services provided by him. The Complainant’s engagement thereunder ceased on 29 April 2016. Kilternan Film Productions Ltd (subsequently ‘Kilternan Film Productions DAC’) was a Qualifying Company within the meaning of section 481 of the Taxes Consolidation Act 1997) specifically established for the fourth series ofRipper Street. The Directors of the Respondent were the Directors of Kilternan Film Productions Ltd/DAC The Complainant was not engaged by either Kilternan Film Productions Ltd/DAC or by the Respondent after 29 April 2016. He referred the within complaints to the Workplace Relations Commission on 3 April 2019 – almost three full years after his engagement with Kilternan Film Productions Ltd/DAC had ceased. The complaints referred by the Complainant to the Workplace Relations Commission on 3 April 2019 against the Respondent are manifestly statute-barred.It is not, therefore, necessary for the Court to further explore the relationship between the Respondent and the Qualifying Company by which the Complainant was engaged (ostensibly, at least) pursuant to a contract for services up until 29 April 2016. Nor is it necessary for the Court to go behind the contractual arrangement entered into by the Complainant and Kilternan Film Productions Ltd/DAC. Decision The Complainant’s appeal is dismissed for the reasons set out above. The decision of the Adjudication Officer is varied accordingly. The Court so determines.
NOTE Enquiries concerning this Determination should be addressed to Orla Collender, Court Secretary. |
