INM unfair dismissal case - contractor or employee?

Brendan Burgess · 4 Jun 2014

The Irish Times reports on an interesting Unfair Dismissal case today

Travel writer takes unfair dismissal case against IN&M

Management consultant Ken Stafford told the tribunal his client had no contract, no payslips and had not been provided with a P60. The salary agreed for her work was €1,200 a week and Ms Murphy worked full-time and exclusively for the paper during the 16-month period. The money was paid into her bank account directly.

“Under any criteria you would use, it is a slam dunk that she was an employee,” he said.

“There is nothing about the arrangement that is other than an employee.”
He also said there was a “revenue issue” that was a matter for Independent News & Media to look after. It was their responsibility to look after taxes, he said.

Unfortunately, INM did not show up at the Tribunal to put their side of the case.

But they must be facing a serious risk that she will be found to be an employee. If so, her salary would be grossed up and they would have to pay the taxes and prsi for the 16 months. And she could get up to two years' gross salary for the unfair dismissal.

INM unfair dismissal case - contractor or employee?

Brendan Burgess

Founder

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