Worker

Employer

Anonymised Parties

A Worker

A Pharmaceutical company

Act

Dispute Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 13 of the Industrial Relations Act

CA-00062382

19th March 2024

The employer raised a preliminary point that the WRC does not have jurisdiction to hear the dispute on the basis that the worker does not have the locus standi to pursue the dispute.

The employer submits, that the worker was not an employee of the employer.  The worker was at all material times engaged via a limited liability company, company A, (the Contractor Company), to provide services to the employer.

In this regard the employer did not engage the services of the Contractor Company directly, rather the Contractor Company was contracted to provide services to the employer through another company, company B, (the Service Provider), with whom the employer had a contract.

The employer never paid the worker or the Contractor Company nor did the employer dismiss the worker or terminate the contract between the Service Provider and the Contractor Company.

In light of this, the employer submits that there is no scope for the worker to bring this complaint against the employer under the Industrial Relations Act 1969 (as amended) on the basis that he was never an employee of the employer.

The worker put forward that he had an ID badge, car sticker and a laptop provided by the employer.

He dealt with the employer’s staff on a day-to-day basis.  The issue which led to the termination of his work with the employer took place with an employee of the employer.

In conducting my investigation, I have taken into account all relevant submissions presented to me by the parties.

Having heard the arguments put forward by both parties I am satisfied that the worker was not employed by the employer.