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.
Duncan now works as an Employment Mediator (CEDR Accredited) and Investigator.
The WRC held that, despite a corporate contract, the reality of the working relationship showed employee status, emphasising control, limited substitution and the factual day-to-day arrangements between the parties.
The case centred on whether Mr Lingard was an employee or an independent contractor even though the documented contractual relationship was between Mr Lingard’s private limited company, PSL (Aberdeen) Ltd (PSL) and Randridge (the Contract).
The Complainant accepted that when the Contract was entered into, his company had simply been retained to provide his services as an independent contractor. However, he claimed the relationship morphed over time and at the time the Contract terminated, he had become an employee of Randridge.
Randridge maintained the Complainant could not be deemed
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