Tribunal rules against RTE in a significant decision, determining that a photographer working on Fair City was not, in fact, a freelancer.
Photographer's Employment Status Recognised by WRC in Fair City Case
In a groundbreaking decision, the Workplace Relations Commission (WRC) has ruled that Beta Bajgart, a former photographer for RTÉ's popular soap opera Fair City, was not a freelancer but an employee. This ruling underscores key issues surrounding the employment status of creative professionals who might be engaged as freelancers but in practice operate under conditions more typical of employees.
Bajgart, who personally performed 95% of the work on Fair City, worked 20 hours a week for 12 years on a series of fixed-term contracts. Her role on the show significantly contributed to its promotion and success. However, her employment was terminated without notice on December 15th, 2023.
RTÉ's lawyers argued that Bajgart was not an employee but a freelance contractor, giving the employment tribunal "no jurisdiction" over her complaints. The authors of the agreements may have genuinely believed that the working relationship with Bajgart was that of an independent contractor, at least in the early years. However, the day-to-day reality of Bajgart's working relationship with RTÉ was not consistent with how she was described in her contract as 'a supplier' and 'not an employee'.
Adjudication officer Catherine Byrne noted that Bajgart suffered "negative commentary" in September 2023 after attention was drawn to her role following a hearing of the Oireachtas Public Accounts committee. Bajgart continued working for RTÉ during the gap in her contracts from October 14th, 2018 to January 21st, 2019, but did not apply when the work was put out to tender again in September 2023 and ceased working on the Fair City set on December 15th, 2023.
This is the first WRC case where the principles of a Supreme Court ruling in 2023 on the distinction between employees and contractors have been applied to a worker at RTÉ. Bajgart's job as a photographer started in June 2011 at €750 a week, with repeated renewals and increases in pay to €980 a week over the years. Her employment rights claims against RTÉ under several acts (Protection of Employees, Organisation of Working Time Act, Terms of Employment, Unfair Dismissals Act) will proceed to a full hearing.
The legal basis of the agreement between Bajgart and RTÉ evolved from a supplier's agreement to that of an employee over time. Despite not consenting to doing the job as an independent contractor, Bajgart wanted the job and it was never offered to her as a position of employment. Bajgart had a desk on set, no discretion about her level of attendance, and could only work elsewhere three or four hours a week. She ran her freelance business around the Fair City shot list and found it difficult to look for clients due to her uncertain schedule.
This decision underscores the importance of accurately defining the employment status of workers, especially in the creative industry. It serves as a reminder that the day-to-day reality of a worker's role often determines their employment status, regardless of how they are described in contracts.
- In light of the WRC's decision, there is a growing need for the integration of science in workplace-wellness programs, particularly in the health-and-wellness sector, to address mental health issues among creative professionals like Beta Bajgart.
- This ruling marks a significant milestone, not just for Bajgart, but also for all creative professionals who strive for better mental health support in their workplace, promoting a healthier and more balanced work environment.
