RT by @lukeming: Since 1997, the Revenue Commissioners have been labeling delivery drivers as self-employed by group and class. This is outside the powers of the Revenue Commissioners.

The Supreme Court Decision in the Karshan case, following an extensive review of the various and varied tests which have been formulated around the elements of an employment relationship, found that they all lead to two closely related conclusions:

Every case depends on the particular facts; and

It is necessary to assess all relevant features of a relationship, identifying those that are, and those that are not, consistent with an employment contract and to determine on the basis of the sum of those parts the correct characterisation.

“Every case depends on the particular facts” is the most important, unshakable, unbreakable, command of employment legislation.

As the SC in Karshan finds, this is not a revelation, this has always been the case. It was the case in the findings of the Supreme Court in In Henry Denny & Sons v Minister for Social Welfare in 1998.

In the highlighted line, the Revenue Commissioners state that the Revenue Commissioners accept that all couriers (delivery drivers, van, motorcycle & bicycle) are self-employed by group/class based on a single decision by a Social Welfare Appeals Officer in the Social Welfare Appeals Office (1995). This letter was sent by the Revenue Chairman to the PAC on the 29th of May 2018 and has been confirmed in writing to the PAC several times since.

This was an unlawful decision by the Revenue Commissioners in 1997 to make a group/class decision on the employment status of all delivery drivers, unlawful then, and clearly still unlawful now considering the Karshan Supreme Court findings.

@BrianStanleySF @CathMurphyTD @alankellylabour @IrishTimes @irishexaminer @Independent_ie @rte @VirginMediaNews

🐦🔗: https://nitter.cz/williamhboney1/status/1719202142471258123#m

[2023-10-31 03:58 UTC]