Dublin Ghost Bus v Declan Mills [2016]

  • Decision Number
    UDD1634
  • Legal Body
    Labour Court
  • Type of Claim / Jurisdiction
    Unfair 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

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This article is correct at 13/12/2016
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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