The Labour Court allowed the Football Association of Ireland’s appeal and set aside an order reinstating Mr Eoin Hand as an employee on an indefinite contract. In its determination dated 9 April 2014, the Court found that Hand was a consultant and could not bring a claim under the Protection of Employees (Fixed-Term Work) Act 2003.
Hand said his work for the association from 1999 to 2012 was employment under a series of fixed-term contracts. The association said he was engaged as a consultant. A Rights Commissioner had found that Hand was an employee, that the fixed-term arrangements had become indefinite and that he should be reinstated.
The Labour Court considered the contracts and the working arrangements. It found that the association exercised little day-to-day control, Hand had no fixed hours, pursued other commercial interests, invoiced for his fees and worked from office accommodation he provided. The Court also noted that his work was personal and integrated into the association’s business, and that the association paid tax and insurance on his private car.
On balance, the Court classified Hand as a consultant working under a contract for services. It also noted that his accountant had successfully represented to Revenue that he was self-employed, and that Hand understood the implications of that position. The appeal succeeded, and the Rights Commissioner’s decision was set aside.