Dunican & Spain v Offaly Civil Defence [2013]

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