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Eoin's Unfair Dismissal Claim

Dublin | Zero Hours Contract | Unfair Dismissal

Eoin had been working on a casual contract with a Dublin logistics company for just over three years. He had no fixed hours, but worked regularly — sometimes five days a week, sometimes two. His employer treated him as flexible labour, with no holiday pay, no sick leave, and no written employment contract beyond a basic signup form. For three years he showed up when called and did the work expected of him.

In early 2022, Eoin developed a back problem and raised a health concern with his manager, asking whether the company could adjust his duties slightly during his recovery. Three weeks later, his manager told him they no longer had work for him. When Eoin asked why, he was given conflicting reasons — first cost-cutting, then a restructure, then simply that his services were no longer needed. The company later claimed in writing that Eoin was not actually an employee at all, just a self-employed casual worker, so employment law didn't apply to him.

Eoin felt the dismissal was unfair and connected to his health disclosure. He brought a claim to the Workplace Relations Commission, arguing he had worker status and that his dismissal was unlawful. The company defended itself by saying no employment relationship had ever existed — he was always just casual labour on call.

The adjudicator looked at the facts. Over three years, Eoin had worked regularly and consistently. The company controlled how, when, and where he worked. He was integrated into the business. These things pointed to worker status, not self-employment. The company's claim that he was just casual labour with no legal rights didn't stand up. The adjudicator found Eoin was indeed a worker and that his dismissal was unfair — particularly because it followed closely on his health concern. Eoin was awarded compensation.

What the Law Says

In Ireland, not everyone who works is automatically an "employee" with full employment rights. But the law recognises a category called "workers" — people who work regularly under a contract (written or not) but have more flexibility than traditional employees. The test is practical: if someone works under the control of a business, is integrated into it, and works regularly for payment, they are likely a worker even without a fancy contract. Workers have important rights, including protection from unfair dismissal, the right to a minimum wage, and safety protections. An employer cannot simply declare someone "self-employed" to strip them of these rights — the courts and the Workplace Relations Commission look at what actually happens, not what a piece of paper says.

⚠ Important: Time Limits

If you believe you have been unfairly dismissed, you must bring a claim to the Workplace Relations Commission within 6 months of the date of dismissal. This deadline is strict — missing it usually means you lose the right to claim. Keep records of when you were told you were dismissed, and contact a solicitor as soon as possible if you think you have a case.

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