The Labour Court affirmed the rejection of James Kane’s unfair dismissal complaint against Essentra Packaging Limited, in a determination signed on 21 September 2021. Kane appealed an Adjudication Officer’s finding that his complaint was not well founded because he worked under a contract for services rather than as an employee.
Kane had provided maintenance services to Essentra and its predecessors for more than 28 years through his company under a business-to-business agreement. He said he worked long hours to keep the factory machinery running. Essentra argued that he provided services through his own business.
The Court considered company invoices and accounts, Kane’s supply of spare parts and his use of other workers. It found that he understood the business arrangement, which was not a sham and had benefited him. The Court concluded that Kane had not established a contract of service that would allow him to bring an unfair dismissal complaint. The appeal failed and the Adjudication Officer’s decision was affirmed.