Labour Court rules Natasha Nowacki can pursue discrimination claim against Moyne Veterinary Clinic

The Labour Court ruled that Natasha Nowacki could pursue her discrimination claim against Laurence Wall, Tomas O’Shea and Joseph Kavanagh, Veterinary Partnership t/a Moyne Veterinary Clinic, and referred the case back to the WRC. In a preliminary determination signed on 4 April 2019, the Court found she came within the scope of the Employment Equality Acts. The discrimination allegations themselves have not been decided. The appeal followed an Adjudication Officer’s decision that Nowacki was engaged under a contract for services and could not bring a claim under the Acts. The partnership argued she was self-employed and could refuse work, while Nowacki said she personally provided services for the practice. The Court found that her work was integrated into the practice and that she depended on the partnership for most, if not all, of her work. It also accepted that she had obligations to respond to client calls, join the clinic roster and be available for out-of-hours calls. Although her own tax and expenses pointed towards self-employment, the Court considered the relationship as a whole and found she was covered by the Acts.