The Workplace Relations Commission found that Gerard N. Murphy was not unfairly dismissed by the Residential Tenancies Board and was not entitled to redress. Adjudication Officer Kara Turner’s decision was dated 27 March 2025.
Murphy had served as an adjudicator and mediator on RTB panels before his agreement ended on 4 July 2021, after he was not selected for new panels. He argued that his long service and the Board’s control over parts of his work made him an employee. The RTB said he was an office-holder working under a contract for services.
The officer found the Board controlled hearing schedules, case numbers, fees and reporting standards. But Murphy could decline hearing invitations, take other work and manage his time. Considering the working arrangements and the statutory framework, the officer concluded that he was an independent contractor, not an employee under a contract of service. The Unfair Dismissals Act therefore did not give him a right to redress.