WRC Finds Complainant Never Was An Employee Regardless Of Having Paid Employee Taxes For 11 Years

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WRC Finds Complainant Never Was an Employee Regardless of Having Paid Employee Taxes for 11 Years

posted 1 month ago

In A Solicitor v A Construction Consultancy Business (ADJ-00046911), the Complainant brought a complaint to the Workplace Relations Commission (“the WRC”) under Section 8 of the Unfair Dismissals Act, 1977, alleging that she was an employee of the Respondent company and was unfairly dismissed. The Adjudicator, Catherine Byrne, found that the Complaint was never an employee of the Respondent company, regardless of having been treated as an employee by the Revenue and paying taxes for 11 years.

Facts: The Complainant is a solicitor who was married to AB, a manager in the Respondent company. AB’s son, MD, is the managing director of the Respondent company. A company that was established by AB went into liquidation following the 2008 financial crash. A new business was established in 2011 which carried out similar work to the previous company, i.e. construction consultancy. The Complainant’s marriage to AB ended in 2020. The Complainant submitted to the WRC that she was an employee of the Respondent company. She provided legal advice and supported her husband in his role as a manager.

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