The Labour Court disallowed Dr Kevin O’Flynn’s appeal against a decision that he could not pursue a part-time work claim against St James’s Hospital because he was an independent contractor, not an employee. The determination was dated 25 April 2016.
O’Flynn said he was a part-time employee and had received less favourable treatment than a full-time comparator in leave, overtime and pension entitlements. The Hospital argued that he worked under a contract for services and that the claim was out of time. The Court found it was submitted within time, but concluded he lacked standing under the Act because he was not an employee.
The Court cited his freedom to choose patients and take time off, set his own fees and decline to attend work. It affirmed the earlier decision, so whether he had been treated less favourably was not decided on its merits.