Monnie McKayed v Forbidden City Limited T/A [2016]

Posted In: Case Law
  • Case Reference
    IEHC 722
  • Legal Body
    High Court of Ireland (IEHC)
  • Type of Claim / Jurisdiction
    Dismissal, Contracts of Employment, Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Unfair Dismissals Acts, 1997 - 2015; Employee Status; Mutuality of Obligation

This case concerned a claim that the plaintiff had been unfairly dismissed. To resolve this dispute the court primarily focused on whether there was a mutuality of obligation between the parties.

The court held that no mutual obligation existed between the parties as: the fact that work is given regularly for a period of time is not determinative of whether one party had a legal obligation to provide the other party with work; and the fact that the plaintiff was liable to receive a call to perform work at any time, which he could refuse, did not transform their relationship into a contract of service. Therefore, the plaintiff was not an employee of the defendant company and the claim

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This article is correct at 03/02/2017

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