Irish Museum of Modern Art v Joe Stanley [2014]

This case surrounded an appeal by Mr Stanley against a decision by the Rights Commissioner. The case surrounded a suggestion by the claimant that the respondent had contravened Sections 19 (annual leave) and 21 (public holidays) under the Organisation of Working Time Act 1997 during the course of his employment with the employer.

The claimant was engaged with the respondent as a 'Technical Crew Member'. This work began in 2005 and at this period the claimant was treated by the respondent as a contractor and therefore was not entitled to holiday leave because he received his payment following invoices. However, in 2012 the Deciding Officer of the Department of Social Protection determined