Former RTÉ presenter Keith Walsh sues broadcaster for ‘unfair dismissal’

RTÉ has been served with a High Court summons by solicitors representing former 2FM presenter Keith Walsh in connection with claims he was unfairly dismissed and had his employment status wrongly classified for years. Walsh, who worked as a presenter on the station’s Breakfast Republic alongside Jennifer Zamparelli and Bernard O’Shea for more than five years from 2014, was told his contract would not be renewed in 2020.As he was considered effectively a freelance worker rather than an employee of the national broadcaster, he had limited rights. However, that status and the manner in which he claims he was treated are at the heart of the current action. In court papers filed last week, Walsh said he was seeking damages for “breach of contract, loss, inconvenience and expense arising suffered by him as a result of [RTÉ’s] actions”. READ MOREThe papers allege the national broadcaster made a mistake in classifying him as a contractor and not as an employee.Walsh is seeking a legal declaration that he was “at all material times, an employee” of RTÉ and should have been entitled to the pension contributions, annual leave, overtime and other contractual elements given to employees. He is also seeking an order compelling RTÉ to cover all tax liabilities owed to Revenue as well as a declaration that he was wrongly dismissed and damages for that wrongful dismissal. The action seeks aggravated and/or exemplary damages “for infringement of [Wash’s] constitutional rights, including his right to work, and for denial of his rights to natural and constitutional justice and fairness of procedures”.It is the latest phase in a long-running dispute between Walsh and RTÉ that he thought had concluded when the Department of Social Protection said he had been incorrectly classified as self-employed.However, that ruling was disputed by the broadcaster and subsequently appealed.The classification of his status is key, as Walsh has previously claimed that had he been considered an employee rather than a contractor he could not have been let go by RTÉ as he had done nothing that would have given cause for his dismissal. Walsh is being represented by managing partner of Hammerstones Solicitors Matthew Byrne, who told The Irish Times that if the legal action was successful it would “have a significant impact for [Walsh] and other broadcasters/actors and any person working in this industry and especially individuals employed by [RTÉ] on a contractor/ self-employed basis to vindicate and/or protect their rights as an employee”.When contacted, a spokeswoman for the national broadcaster said it had no comment to make on the legal proceedings.