Kirwan v. Technical Engineering and Electrical Union [2005] IEHC 5 (14 January 2005)

Kirwan v. Technical Engineering and Electrical Union [2005] IEHC 5 (14 January 2005)

The plaintiff's relationship with the defendant, particularly after the amalgamation, was governed by arrangements outside the union rules, involving continuous personal service, remuneration based on work performed, and integration into the defendant's business, which collectively constituted a contract of service.

Citation
[2005] IEHC 5
Parties
Plaintiff: Philip Kirwan; Defendant: Technical Engineering and Electrical Union
Jurisdiction
Ireland
Judgment Date
14 January 2005
Procedural Posture
Plenary Summons / Judgment After Hearing
Outcome
Declaration granted in favour of the plaintiff
Legal Topics
Contract of Service, Employment Status, Trade Union Law
Employment Law Contract of Service Employment Status Trade Union Law

Case Brief

Summary, issues, holding and outcome

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Parties

Philip Kirwan

Plaintiff

Technical Engineering and Electrical Union

Defendant

Procedural Posture

Plenary Summons / Judgment After Hearing

Legal Issues

  1. 1 Whether the plaintiff is employed by the defendant pursuant to a contract of service

Ratio Decidendi

The plaintiff's relationship with the defendant, particularly after the amalgamation, was governed by arrangements outside the union rules, involving continuous personal service, remuneration based on work performed, and integration into the defendant's business, which collectively constituted a contract of service.

Court Disposition

Declaration granted in favour of the plaintiff

Orders

  • Declaration that the plaintiff is and continues to be employed by the defendant pursuant to a contract of service