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WRC says contractor cannot bring dismissal and safety complaints

By Ruairí Dolan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Workplace Relations Commission found it had no jurisdiction to investigate Mary Elizabeth Fitzgerald’s complaints against Recovery Self Help Method Ireland (Company Limited by Guarantee), because it found she was an independent contractor rather than an employee. Adjudication Officer Valerie Murtagh’s decision was dated 24 November 2021; the merits were not decided. Fitzgerald said she had worked in public relations and marketing for the charity and alleged unfair dismissal and penalisation after raising a complaint. The charity said she provided services under a contract for public relations, invoiced monthly and was paid without tax deductions. The officer noted that Fitzgerald could work for other companies and did not receive paid annual or sick leave.

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