- Date
- 23 April 2024
- Country
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Ireland
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Geographical scope
- National
- Type
-
Description
The Irish Workplace Relations Commission has confirmed the existence of an employment relationship in the case Lauren McBride v FSR Atlantic Ltd t/a ADHD Now. This decision was reached by applying the five-step test to determine an employment status which the Supreme Court has formulated in 2023.
The case is brought about by the Complainant Lauren McBride, who interviewed for an Assistant Psychologist position with the platform, believing she would be a full-time employee, but later realised she was hired as an independent contractor with no guaranteed hours. Despite being obliged to make herself available to work at least 10 hours a week, she only received 8 hours of work over a period of two months and alleges breaches of her employment rights, while the Respondent maintains that all their workers are independent contractors with no employment relationship.
The Workplace Relations Commission determined that the two parties had a binding agreement where the Complainant would be paid for their work, and that the Respondent had enough control over the Complainant to qualify their arrangement as an employment contract. This was substantiated by the argument that the platform directed the worker on how, when, and what kind of work was to be done, was in sole control over the duration of work, required the work to be carried out with the platform's tools, and lastly, determined how much time was to be spent on administration.
As a result, Lauren McBride had no control over the income generated from her work. The Workplace Relations Commission noted that the wording used in the contract signed between the two parties was not decisive even if it made explicit that there is no employment relationship, as this did not reflect the reality.
- Keywords
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autonomy and control,
employment status
- Actors
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Platform,
Individual worker
- Sector
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Human health and social work activities
Sources
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The court case concerns the contract between Karshan (Midlands) Limited Trading as Domino’s Pizza (Dominos) and the delivery drivers. The contract identified delivery drivers as ‘independent contractors’, stipulating among others …