WRC Holds Fiddler To Be an Employee

In Matthew McGranaghan v. MEPC Music Ltd (ADJ-00037668), the Complainant brought a number of complaints to the Workplace Relations Commission (“the WRC”) alleging that he was an employee and not self-employed and on that basis, he claimed that he was unfairly dismissed; not paid his notice entitlement; not paid his annual leave or public holiday entitlement. He also claimed compensation for the Respondent’s failure to comply with the minimum notice requirement. The Adjudicator, Caroline Reidy, found in his favour and awarded him a total amount of €43,840

Facts: The Complainant is a musician (fiddler) who started providing his services to the Respondent band in January 2014. In May 2020 the Complainant contacted the Scope Section of the Department of Social Protection alleging that he believed he fitted the criteria for being an employee and was therefore eligible for the Pandemic Unemployment Payments. Scope determined that the Complainant was an employee for the purposes of social insurance. However, the Respondent successfully appealed this decision to the Appeals Officer.

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