Who is an employee?*
This issue arose in a case ADJ00021600.
The Adjudication Officer in this case set out that for a contract to exist there must be mutuality of obligation. The Adjudication Officer relied on the case of the Minister of Agriculture and Foods –v- Barry and Others 2009 1 IR215 as;
“The requirement of mutuality of obligation is the requirement that there must be a mutual obligation on the employer to provide work for the employee and on the employee to perform work for the employer. If such mutuality is not present then either there is no contract at all, whatever contract there is must be a contract for service or something else but not a contract of service. It was characterised in Nethermere (St. Neots Ltd –v- Gardiner 1984 ICR612) as the “One Sine Qua Non” which can firmly be identified as an essential of a contract of service.”
The Adjudication Officer held that there was no mutuality of obligation in this case and found that the complainant was not an employee of the respondent employer.
*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.
**In contentious cases, a solicitor may not charge fees or expenses as a portion or percentage of any award of settlement.