Dunican & Spain v Offaly Civil Defence [2013]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Equality Tribunal (EQT)
  • Type of Claim / Jurisdiction
    Dismissal, Discrimination, Pay
Issues covered: Age ground; Volunteer workers; Employee status; Discriminatory dismissal

In this case both volunteer complainants were found to be employees.  Based on the facts that (a) the complainants were paid an amount for the time they were instructing in addition to expenses and (b) tax and USC were deducted, the Equality Officer was satisfied that a contractual relationship existed between the parties. The Equality Officer reviewed the relevant provisions of the Employment Equality Acts, and the Henry Denny case [1998 1 IR 34] and found that in the circumstances of the case the two complainants had a contract of employment for the purposes of the Acts.  On that basis he found that he had jurisdiction to investigate the complaints.


Once they were found

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This article is correct at 29/05/2013

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Bernadette Treanor
Beo Solutions

The main content of this article was provided by Bernadette Treanor. Contact telephone number is +353 86 6024 411 or email bernadette@beosolutions.ie

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