High Court refuses judicial review of case against the producers of ‘Normal People'
Mr Justice Garrett Simons said Mr Arkins 'has expressed a longstanding concern as to the manner in which production workers – to use a neutral term – are treated in the film industry'.
The judge said: '[Mr Arkins' case is] that production workers have wrongfully been characterised as independent self-employed contractors rather than employees. Second, it is said that the use of individual companies for each film project obscures the identity of the actual employer.'
Mr Arkins first took a case to the Workplace Relations Commission (WRC)| against Element Pictures Ltd in 2019 and his claim was dismissed in 2020.
Mr Arkins' case was heard before the Labour Court on two occasions and at the second hearing on April 4, 2024, Element Pictures Ltd opposed the complaints by asserting that Mr Arkins had never been employed by the company.
In May last year, the Labour Court dismissed Mr Arkins' unfair dismissal claim and minimum notice claim against Element Pictures Ltd.
Mr Justice Simons said Mr Arkins' claim was dismissed on the narrowest of grounds, that Mr Arkins had failed to establish he had at any time been employed by Element Pictures Ltd.
In dismissing Mr Arkins application for a High Court judicial review, the judge said 'the leave application fails to meet the low threshold of an arguable case'.
'The central issue in contention before the Labour Court had been a factual issue, namely whether Mr Arkins had ever been engaged by or paid by Element Pictures Ltd,' the judge said.
'The Labour Court is much better placed than the court of judicial review to determine such a factual issue.
'The leave application in this case comes nowhere close to reaching the standard for intervention.'
The judge said he has provided a written judgment which gives time to Mr Arkins to lodge an appeal to the Court of Appeal or an application for leave to appeal to the Supreme Court.
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