WRC dismisses Bill Kelly’s unfair dismissal claim over employment status

The Workplace Relations Commission dismissed Bill Kelly’s constructive dismissal claim against Templederry Renewable Energy Supply Ltd Community Power, finding he was not an employee and that it had no jurisdiction to award redress. Kelly said he worked as an employee and was constructively dismissed. The company maintained that he was a self-employed consultant. The adjudication officer found the relationship remained a self-employed arrangement, citing Kelly’s invoicing and proposals for further work through his company. The officer also criticised the respondent’s vague contractual arrangements and lack of paperwork. The WRC decision was dated 5 April 2023. Because Kelly was found not to be an employee, the officer lacked jurisdiction to order redress; the merits of the constructive dismissal claim were not decided.