The Complainant appealed the decision of the Adjudication Officer to the Labour Court which found that he had not been unfairly dismissed by Speed King Couriers Limited T/A Fastway Couriers Midlands (the Respondent).

The matter at issue in this appeal was whether the Complainant, tasked with delivering parcels to the Respondent’s customers, was working under a contract of service or a contract for services.

It was submitted on behalf of the Respondent that the Complainant was at all material times an Independent Contractor, engaged under a contract for services.  The burden of establishing that the Complainant was engaged pursuant to a contract of service – and therefore having proper position to maintain the within proceedings rested with the Complainant.