The Labour Court found Joseph Dunne had not established that he was an employee of Associated Newspapers Ireland Limited T/A DMG Media Ireland, so he could not pursue his unfair dismissal appeal. The Court determined the appeal on 26 October 2022.
Dunne argued that the newspaper controlled his work, including his assignments and roster, and required him to set up a company in 2009. Joe Dunne Photography Limited then invoiced the newspaper for his photography services. The newspaper said its contract was with the company, which employed Dunne and paid his salary.
The Court found that placing the limited company between Dunne and the newspaper undermined his claim that he was the newspaper’s employee. It held that he had not established standing to bring the claim and lacked jurisdiction to consider the substance of his appeal; the merits were not decided.