WRC Deems Contractor to be an Employee Despite a Contract Existing Between Two Limited Companies

In Paul Lingard v Randridge International Ltd (In Examinership) (ADJ-00053934), the Workplace Relations Commission (“WRC”) found that a contractor satisfied the test for an employee set out by the Supreme Court in Revenue Commissioners v Karshan Midlands (Ltd t/a Domino’s Pizza) [2023] IESC 24. Although the contractual relationship was between two limited companies, the WRC looked behind this arrangement and found that there was a “contract of services”, i.e. an employment relationship.

Facts:

The Complainant was engaged as a contractor with the Respondent, operating as a Construction/ Civil Works Manager for the Respondent between 14 July 2020 and 25 April 2024. It is common case that the working relationship had been uneventful for some time prior to the termination of the relationship between parties. The Complainant submitted a complaint to the WRC under the Payment of Wages Act 1991 due to the non-payment of monies owed to him by the Respondent.

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