Dublin Ghost Bus v Declan Mills [2016]

Posted In: Case Law
  • Decision Number
    UDD1634
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Dismissal, Contracts of Employment
Issues covered: Section 9(1) Unfair Dismissals Acts, 1977 to 2015; Contract of Service

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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This article is correct at 13/12/2016
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