Ruling quashed in movie worker’s workplace dispute

The Labour Court has quashed a ruling ordering the co-producers of the Banshees of Inisherin to pay a movie worker €30,000 in a workplace dispute.

In the case, chairman of the Labour Court, Kevin Foley has ordered that the Workplace Relations Commission (WRC) award of €30,000 to William Hanlon be set aside.

The €30,000 award was part of a cumulative award of €434,216 to 22 members of the Irish Film Workers Association (IFWA) last December.

Metropolitan Films International Ltd appealed all rulings to the Labour Court and the Hanlon case is the movie company’s second successful appeal with two cases now complete.

Spokeswoman for the IFWA Liz Murray said that following the ruling and the previous successful appeal by Metropolitan, it is likely that all Metropolitan appeals will be successful.

The Labour Court decision follows a recent Labour Court ruling where an award of €5,337 to Penny Dreadful and Into The Badlands stage hand and IFWA member, Clive McCarthy was set aside.

In contrast to the McCarthy appeal where the stage-hand didn’t contest the Metropolitan Films International Ltd appeal, the IFWA and Mr Hanlon fully contested the arguments put forward by the movie producers.

At hearing, Deputy Richard Boyd Barrett TD (People Before Profit-Solidarity) – who has advanced the case of the IFWA members in the Dáil – gave evidence on behalf of Mr Hanlon at the Labour Court hearing.

In his ruling on behalf of the three member court, Mr Foley has concluded that Metropolitan Films International Ltd was not at any material time the employer of Mr Hanlon and neither was he at any material time an employee of Metropolitan Films International Ltd.

He said: “Having reached this conclusion, the court need not go further in deciding the within appeal.”

Mr Foley found that it is an undisputed fact that Mr Hanlon entered into a contract of employment with the legal entity entitled Badlands Three TV Productions DAC.

He said it is clear therefore that, on a plain reading of the Act, Mr Hanlon’s employer was Badlands Three TV Productions DAC and not Metropolitan Films International Ltd and that Mr Hanlon was an employee of Badlands Three TV Productions DAC and not Metropolitan Films International.

Mr Foley said that it cannot be accepted that Metropolitan Films International Ltd, because it may be or have been an associated company or associated employer with Badlands Three TV Productions DAC, became as a result the employer of Mr Hanlon.

At hearing, Mr Hanlon submitted a copy of a contract of employment and related documents issued to him by Badlands Three TV Productions DAC signed by him on 23rd May 2018 and confirmed that he had never received or entered into a contract of employment provided to him by Metropolitan Films International.

Commenting on the ruling on behalf of the IFWA, Liz Murray said that it looks like with the two appeal decisions made on the Hanlon and McCarthy cases “that all of the Metropolitan appeals will succeed”.

Ms Murray said: “It would be wrong to say that the workers are disappointed. They knew they were on a hiding to nothing and knew that the establishment would never find in their favour.”

Ms Murray indicated that the Labour Court rulings will be appealed to the High Court by the IFWA.

She said: “We are going to have to go to the High Court on a point of law.”

A spokeswoman for Metropolitan Films said today: “Metropolitan Films International Limited is pleased with the ruling from the Labour Court published today in relation to the appeal on a second case heard in April.

She said: “The ruling sets aside a previous adjudication from the WRC, which again further confirms and vindicates the company’s position on these matters from the outset.”

Reporting by Gordon Deegan