SCSLD 432/2/593

An employee (the 'Claimant') claimed their end of service benefits, payment in lieu of leave, accrued unpaid wages and a waiver from the employer. The Primary Commission ordered the defendant pay the Claimant the amounts shown in the decision and grant them a waiver to work for others. This decision was appealed to the Supreme Commission and the Supreme Commission decided to overrule the Primary Commission's judgment as it lacked jurisdiction and was not able to consider the claim in the first place, on the basis that the relationship between the parties was a special relationship which did not amount to an employment relationship. The relationship lacked dependency, which is the fundamental element of any labour relationship as defined under the Labour Law. The Labour Law defines a 'Worker' as any natural person who works for an employer and under their management or supervision for a wage. Therefore the claim fell outside the Labour Commission's jurisdiction.

LEGAL ISSUES