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Labour Court appeal by John Arkins fails over respondent identity

By Gráinne Nolan

Historic decision · Decision date:

Place: no local area assigned from the source.

The Labour Court dismissed John Arkins’s appeal after finding he had not established that Metropolitan Film Productions Limited was the correct respondent. The Court’s determination was dated 12 December 2022. The appeal concerned an unfair dismissal complaint under the Unfair Dismissal Acts 1977 to 2015. Arkins said he had worked for the company until his dismissal. The company denied employing him and said a separate company, Badlands Three TV Productions DAC, employed him under a specified purpose contract. The Labour Court found the contract indicated employment by that separate company. Arkins confirmed he worked on the production and was paid €35.77 an hour, though he denied signing the contract. He had also said he negotiated with company directors in 2011 when the respondent sought to reduce pay rates by 12.5%. The appeal failed and the Adjudication Officer’s decision was varied. The Court did not decide the merits; it also did not determine whether a claim against Badlands Three TV Productions DAC would have been in time.

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