Labour Court upholds decision that Séan McGinley was not an employee

The Labour Court dismissed Séan McGinley’s appeal and upheld the Rights Commissioner’s decision that he was not an employee under the Protection of Employees (Fixed-Term Work) Act, 2003. The determination was signed on 19 January 2009. McGinley argued that his personal service, integration into Bord Gais Eireann’s operations and the company’s control over his work showed he was an employee. The company said it contracted with Gascall, a business name of McGinley’s company, and that he was an independent contractor. The Court accepted that Bord Gais Eireann controlled aspects of his work and integrated him into its workforce. It found, however, that the contracts, invoicing and tax arrangements, higher fees and the parties’ intention showed that he supplied services as an independent contractor through Gascall. Because he was not an employee covered by the Act, he could not pursue the complaint under it; the merits were not decided.