WRC Held Complainant Was Not an Employee and It Had No Jurisdiction to Hear Unfair Dismissal Claim

In Bertrand Lacour v Ubiqube (Ireland) Limited (ADJ-00029227) the Workplace Relations Commission (“WRC”) heard a case under the Unfair Dismissals Acts 1977-2015 (the “Acts”). The Respondent disputed that the WRC had jurisdiction to hear the complaint as the Complainant was engaged under a contract for service through a limited company. A contract of service usually describes an employer-employee relationship, whereas a contract for service applies to a self-employed contractor, the latter not being entitled to protection under the Acts.

Facts: The Complainant worked as a Regional Sales Director for the Respondent and claimed he was unfairly dismissed on 2^nd June 2020. The Complainant was initially employed under an employment contract governed by English law, which was terminated effective 17^th March 2019.  The Complainant then signed a contract for service/contractor agreement with the Respondent described as a “Non-Exclusive Business Representative Agreement”. This agreement was governed by Irish law and was between the Respondent and a limited company called “Lynx 8 Limited”. The Complainant was a director of this limited company since it was established in 2010.

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