Courts / Ireland / Report

Manager denies RTE caused worker to 'misrepresent his status' with Revenue

Summary

The Workplace Relations Commission (WRC) has concluded hearings into complaints brought by Joseph Kelly against RTÉ under the Organisation of Working Time Act 2005 and the Terms of Employment (Information) Act 1994. Mr Kelly alleges he was engaged as a 'freelance' worker from 2012 to 2018 but was effectively an employee, claiming he was denied statutory entitlements to paid annual leave, public holiday pay, and Sunday premium rates. He further alleges he was not provided with a statement of core terms of employment. RTÉ maintains that Mr Kelly was paid all owed premiums and leave, and argues the claims are out of time, asserting that a 2022 Department of Social Protection ruling regarding insurability does not establish employment status for these purposes. A senior RTÉ human resources manager testified that the contract signed was a sole trader agreement and denied allegations that RTÉ procured Mr Kelly to misrepresent his status to the Revenue Commissioners. Mr Kelly's representative argued that the insurability decision confirms he should have been treated as an employee since 2012. Adjudication officer John Harraghy has concluded the hearings and will issue his decision in writing to the parties in due course.

Who, what, where, when and why

What: Report matter: Manager denies RTE caused worker to 'misrepresent his status' with Revenue. Procedural stage: trial

When:

• 2012 and 2018 Other
• 2012 to 2018 Other
• 2025-06-27 Publication

Why: " "No, we're saying not, because Mr Kelly is on point 12 of the salary scale, that is obviously close to the top of the salary scale," Ms McEvoy said. CNI source report

Case subjects

Places mentioned

Topics

Stage Trial

Read the original CNI report