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

Posted in: Case Law
  • Case Reference
    IEHC 722
  • Legal Body
    High Court of Ireland (IEHC)
  • Type of Claim / Jurisdiction
    Unfair 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

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This article is correct at 03/02/2017
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.