The co-producer behind the Oscar-nominated The Banshees of Inisherin and the popular Netflix series, Valhalla, Metropolitan Films International, has triumphed in the first legal battle against a cumulative award of €434,216 given to a group of 22 film industry employees. The Labour Court overturned a previous ruling made by the Workplace Relations Commission (WRC) in favour of Irish Film Workers Association (IFWA) member, Clive McCarthy, who served as a stagehand on productions such as Penny Dreadful and Into The Badlands, who was awarded €5,337 in December.
Labour Court Deputy Chairwoman Katie Connolly stated that there was no substantive proof to verify that the appellant, Metropolitan Films International Limited, was indeed McCarthy’s employer. Consequently, Connolly suggested that it was not essential to address the other preliminary facets relating to the court’s jurisdiction during the appeal.
The Court decided that the IFWA’s complaint under the Terms of Employment (Information) Acts was lacking in credibility and therefore dismissed the previous decision by the WRC adjudication officer.
Metropolitan Films International has submitted appeals about the awards given to the 22 workers with regard to the cumulative €434,216 award. The McCarthy case represented the first appeal passed judgement, with a second appeal judgement to be announced soon.
When questioned about the Labour Court’s verdict on McCarthy’s appeal, a Metropolitan Films International representative expressed satisfaction with the decision, saying it vindicated the company’s stance from the beginning.
Metropolitan Films International informed the Labour Court that McCarthy was never an employee of theirs and there was utterly no evidence of an employment relationship.
The film company clarified its role as a production entity that identifies content for film and TV, secures financing and collaborates with scriptwriters and directors to develop these projects. It also explained that once a project is financed, a Special Purpose Vehicle (SPV) is created to bring the project to life. This SPV is responsible for hiring and remunerating all workers and contractors, and not Metropolitan Films International. The company noted that from June 2017 to March 2018, two separate SPVs: Badlands Three TV Productions DAC and VK Six Productions DAC, employed Mr. McCarthy.
The report from the Labour Court mentioned Mr McCarthy’s non-participation in the case due to health issues and his absence in the appeal hearing. Consequently, Ms Connolly stated that the only evidence brought forth to the court originated from Metropolitan Films International.