Dublin Ghost Bus v Declan Mills Posted In: Case Law
Legal BodyLabour Court (LC)
Type of Claim / JurisdictionDismissal, Contracts of Employment
This case concerned a claim of unfair dismissal. It primarily concerned whether or not the complainant was an employee of the respondent company engaged on a contract of service. The Court looked at a variety of factors which included whether a contract of employment existed, if there was control, if there was a mutuality of obligation and whether the claimant in business on his own account. Having considered these factors the court concluded a contract of service had existed, meaning the complainant was an employee. As the respondent terminated his contract without clear procedure or fairness it was held that the complainant had been unfairly dismissed.
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