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Unfair Dismissal Claim - GLE News

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WRC Held Complainant Was Not an Employee and It Had No Jurisdiction to Hear Unfair Dismissal Claim

By Anne O’Connell
– posted 2 years ago

In Bertrand Lacour v Ubiqube (Ireland) Limited (ADJ-00029227) the Workplace Relations Commission (“WRC”) heard a case under the Unfair Dismissals Acts 1977-2015 (the “Acts”). The Respondent disputed that the WRC had jurisdiction to hear the complaint as the Complainant was engaged under a contract for service through a limited company. A contract of service usually describes an employer-employee relationship, whereas a contract for service applies to a self-employed contractor, the latter not being entitled to protection under the Acts.

Facts: The Complainant worked as a Regional Sales Director for the Respondent and claimed he was unfairly dismissed on 2nd June 2020. The Complainant was initially employed under an employment contract governed by English law, which was terminated effective 17th March 2019.  The Complainant then signed a contract for service/contractor agreement with the Respondent described as a “Non-Exclusive Business Representative Agreement”. This agreement was governed by Irish law and was between the Respondent and a limited company called “Lynx 8 Limited”. The Complainant was a director of this limited company since it was established in 2010.

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WRC Held Complainant Was Not an Employee and It Had No Jurisdiction to Hear Unfair Dismissal Claim

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