Duncan Inverarity is a former a partner and Head of A&L Goodbody's Employment Law group and practiced exclusively in the area of employment law and industrial relations in multiple jurisdictions. Duncan advised public and private sector employers on both contentious and non-contentious matters. He advised Board rooms across Ireland and abroad on strategic and complex employment and industrial relations matters. Duncan also specialised in crisis management for clients and advised on some of the most high profile corporate issues in Ireland. Duncan regularly appeared for clients in the Workplace Relations Commission, the Circuit Court, the High Court, the Court of Appeal and the Supreme Court. Duncan also acted for partnerships in mediated settlements and in proceedings in the High Court.
The case considered whether a platform provider could be held liable for alleged discriminatory conduct by a self-employed driver, with the decision turning on the absence of control and the limits of vicarious liability.
The Complainant brought a complaint to the WRC under the Equal Status Act 2000, alleging discrimination by a taxi driver on grounds of race, gender, age, disability, and sexual orientation.
The alleged incident occurred when a service user, using the Freenow technology platform, booked a taxi and when the driver arrived, he allegedly refused service, spat at him, and made discriminatory remarks.
Freenow argued it was not the correct respondent as it doesn't provide taxi services directly and as such had no responsibility for
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