Gerald Nash (Labour) | Oireachtas source

We need clear definitions in primary law in order that employers cannot simply opt out of the legislative framework and decide, with the facilitation of an arm of the State, to misclassify the status of their workers. It should be a matter of law, plain and simple. It should be the case that someone either is an employee or is self-employed, as a matter of primary law. If that was the case, not only would the SWAO, or the scope section in the first instance, have to have regard for it, it would have to abide by it as a matter of law. Such cases, however, could be challenged in the courts, although I cannot identify any examples of a case being taken to the superior courts to be challenged.