WRC Looks Behind Company and Deems an Individual an Employee

The WRC recently delivered decisions on a number of employment law claims brought by the Complainant in a case entitled PR Company v Hotel Resort (ADJ-00046181, ADJ-00047024, ADJ-00045524, ADJ-00047375). The decisions are noteworthy as the WRC found the individual to be an employee (and not an independent contractor) for the purpose of various employment law statutes notwithstanding that she was paid through a company.

Facts:

On various dates in 2023 the Complainant lodged claims against the Respondent under a number of different employment law statutes. The Complainant described herself as the PR and Digital Marketing Manager for the Respondent. She submitted that while she performed some duties as an independent contractor, following a successful application for a work permit, she became an employee of the Respondent.

The Respondent submitted the Complainant was never their employee and that all work she completed on their behalf was as an independent contractor. The Respondent submitted that the duties she carried out were completed by a limited company of which the Complainant was the sole director. It was submitted the Complainant retained complete autonomy over the strategies and operations of her company. The Respondent submitted that they imposed no restrictions as to when or how the Complainant completed work assigned to her company nor was she assigned any company laptop, phone or other assets to complete her work. As part of their defence, the Respondent referred to documentation where the Complainant allegedly referred to herself as a “contractor”. They also argued she was in a position to substitute others to complete work for her so long as the work was completed by her limited company. The Respondent referenced an invoice that named a different individual within the Complainant’s company.

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