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Essay / Research Paper Abstract
This 3 page paper looks at the case of a worker and determines if, under Irish employment law they would be deemed to be self employed or an employee. The paper shows how this determination would be made and refers to Irish case law. The bibliography cites 1 source.
Page Count:
3 pages (~225 words per page)
File: TS14_TEempsee.rtf
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Unformatted sample text from the term paper:
is treated differently from the other employees and appears to have a different contract; he is paid by cheque rather than into a bank, he has more variable work and
I can be asked to work in the factory as well as in his usual area which are the grounds, he is not paid for holidays, but is paid when
he is sick and recently has been asked to wear clothes with a logo. If we look to the way in which the decision can be made regarding the
employment status is to look at what he actually does and the way it is undertaken as well as the terms of conditions that are regulating the contract under which
John is working. These terms may be in a written contract, but they may also be verbal or implied, or a mixture of al three. We are told that tax
is deducted from John because he is bad at figures, this may indicate that he has something that tells him this is a self employed contract, but this alone is
not sufficient evidence to define the status of the employment contract. The case we need to look at is one from the Irish Supreme Court; Henry Denny & Sons
Ltd. T/A Kerry Foods v The Minister for Social Welfare [1997] Irish Tax Reports Volume V Page 238. The test that is fundamental to this is whether the work being
undertaken by John is "as a person in business on their own account". This approach was taken form the UK case of Market Investigations Ltd v Minister of Social Security
[1969] QB 173. This was a case that had attracted a great deal of study in the UK and laid down some tests that could be applied in order
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