Paul D Maier is a barrister specialising in the law of work, labour, and employment. Based in Dublin, Ireland, he is a member of the Law Library, having been called to the Bar in 2022.
Paul represents both employers and employees at all levels of the Courts, as well as before the Labour Court and the Workplace Relations Commission. He is a qualified arbitrator and is frequently commissioned to lead independent investigations and disciplinary procedures for organisations. Additionally, he is regularly engaged to provide legal advice and opinions on employment law and related matters.
Paul serves as the Editor of the Irish Employment Law Journal and Employment Law Report, and he is the Treasurer of the Employment Bar Association.
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 to employment rights arising from it after this role was “reformed” due to regulatory requirements in 2018, most notably the right to compensation for unfair dismissal in that process. The Respondent denied the Complainant was an employee and therefore was not entitled to the provisions of the Unfair Dismissals Act 1977 and any other employment law rights. Both sides were represented by counsel and gave evidence in support of their position.
Outcome:
After considering the matter carefully, and having regard to legal submissions regarding employment and a similar case heard by the Labour Court in the past about the Respondent (Camphill Communities of Ireland v Elke Williams UDD 2155) the Adjudication Officer found that the Complainant was in an employment relationship with the Respondent. Arising from this, the Adjudication Officer found the Complainant was unfairly dismissed, and, while not making a clear determination on the Complainant’s weekly wage, determined that the Complainant be compensated €60,000 in respect of his unfair dismissal (and a further €1,000 for the Complainant’s claim under the Terms of Employment (Information) Act 1994).
Practical Guidance for Employers:
“Irregular” or “unique” relationships with workers are still ultimately evaluated using the framework of whether it is or is not “employment”, and so any unusual relationship to those who provide services to an organisation must be treated with care.
The full case is here:
https://www.workplacerelations.ie/en/cases/2024/february/adj-00021922.html
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