A former RTÉ worker has lost his claim for retrospective pay and holiday entitlements linked to his misclassified employment status after the Workplace Relations Commission (WRC) ruled his case was submitted too late.
Joseph Kelly, who joined RTÉ in 2012 as a media content coordinator, argued that he was wrongly forced to register as a self-employed contractor when starting work with the national broadcaster. He said the arrangement meant he missed out on benefits such as annual leave, sick leave, public holiday pay, and salary increments for more than six years until he was formally made an employee in November 2018.
Represented by lay advisor Martin McMahon, Mr Kelly lodged eight complaints with the WRC in October 2024 under the Organisation of Working Time Act 1997 and the Terms of Employment (Information) Act 1994. He sought to have his lost entitlements restored and his current salary adjusted to reflect what he would have earned as a direct employee.
However, RTÉ’s solicitor Séamus Given of Arthur Cox LLP argued that the claims were out of time. The law allows only a six-month window to lodge complaints with the WRC, extendable to 12 months in certain circumstances. Mr Given said the cognisable period began in April 2024, years after the disputed employment period, and therefore fell outside the legal timeframe.
The WRC agreed, with adjudicator Jim Harraghy ruling that while Mr Kelly had provided detailed documentation and invested considerable effort in pursuing his claim, the commission had no jurisdiction to hear complaints relating to events before November 2018. “Adjudication officers are not empowered to modify timeframes or accept complaints which fall outside the law,” Mr Harraghy said.
During hearings held in December 2024 and June 2025, Mr McMahon accused RTÉ of engaging in “sharp practice” and attempting to “run down the clock” on commitments to compensate those affected by bogus self-employment. He noted that the issue had already been the subject of reviews by both an independent law firm and the Department of Social Protection, with RTÉ paying around €30,000 to regularise Mr Kelly’s PRSI contributions.
Mr McMahon argued that Mr Kelly continued to suffer losses, including missed payments for Sunday and public holiday work, and accused RTÉ of failing to resolve the matter despite accepting that errors had been made.
RTÉ’s HR manager Angela McEvoy told the WRC that while the broadcaster accepted the department’s findings on PRSI, it rejected any suggestion that it had encouraged Mr Kelly to misrepresent himself to Revenue.
The case highlights ongoing tensions over bogus self-employment at RTÉ, an issue which has drawn scrutiny from regulators and unions in recent years.
