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Labour Court Finds “Volunteer” To Be An Employee Regardless Of Her Not Receiving A Traditional Salary
The Respondent organisation provides support on a residential and non-residential basis to individuals with intellectual disabilities and other needs in a community-based environment. The Complainant joined the Respondent charity in September 1994 and performed a variety of roles as a Long-Term Co-Worker (“LTCW”). As an LTCW she was not paid a salary, but her accommodation and “reasonable needs” were met by the community. The Complainant and her family lived in accommodation provided by the Respondent in the community.
The role of LTCW ceased to exist after 31 December 2018 as part of a move to formalise structures in the Respondent in line with issues raised by the HSE, one of its main funding bodies. However, while most of the Complainant’s colleagues were afforded the opportunity to transition to the new employee model, the Complainant was not, and she was not provided with any reasons for this decision.
The Complainant claimed that she was employed by the Respondent and that she was unfairly dismissed on 31 December 2018. She received her final monthly allowance of €1,000 in December and 31 December 2018 was the date by which she and her family had to vacate the apartment that had been provided for their use.
The Respondent claimed that the Complainant was never an employee and that she left of her own volition on 15 October 2018 when she and her family moved out of their community accommodation. While the Complainant and her family moved out in October 2018, they continued to have access to the apartment until 31 December 2018.
Preliminary Issues: The Respondent raised the following preliminary issues:
- That there was no contractual relationship between the parties and no intention to create a legal relationship;
- That the Complainant was never an employee of the Respondent (she provided her services voluntarily, she was not paid a salary, and there was no mutuality of obligation);
- That the Complainant’s complaint was out of time.
- Contract of employment –
- Statute of limitations
- Unfair dismissal