Labour Court recognises McCabe bricklayer as employee from August 1998

In 1999, the Labour Court amended a Rights Commissioner’s recommendation, recognising a bricklayer employed by McCabe Builders Limited as an employee from August 1998. The decision was dated 12 July 1999. The Building and Allied Trades’ Union appealed on the worker’s behalf, saying he had repeatedly sought PAYE status while working on a C45 basis. McCabe Builders said he had agreed to work as a subcontractor and controlled his work and hours. The Court found no evidence he had formally raised the issue before August 1998, and noted he entered a formal employment relationship in October. It said status depended on the reality and terms of the work, rather than its label.