Background:

The Respondent is a registered charity and provides residential accommodation, support, assistance and learning opportunities for adults and children with intellectual disabilities. Prior to a reform process in 2018, the Respondent engaged a number of long-term care workers (LTCWs) in a “life-sharing model where individuals, such as the Complainant – came and resided in the community on a voluntary basis.” The Complainant was not paid for his services, the Respondent provided him with accommodation, insurance, electricity, heat, living expenses including for food, holidays, clothes and entertainment, and the use of a credit card with a monthly limit of €6,000 and the use of a vehicle. The Complainant alleged this relationship constituted an employment relationship and therefore was entitled