Monnie McKayed v Forbidden City Limited T/A Translations.ie Posted In: Case Law
Case ReferenceIEHC 722
Legal BodyHigh Court of Ireland (IEHC)
Type of Claim / JurisdictionUnfair Dismissal, Contracts of Employment, Tribunal Practice, Procedures and Jurisdictional Issues
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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