Geraldine Noonan v Department of Education [2024]

Posted In: Case Law
  • Decision Number
  • Legal Body
    Workplace Relations Commission (WRC)
  • Type of Claim / Jurisdiction
    Contracts of Employment
Issues covered: Mutuality of obligation; Control in employment; Worker status determination.

Summary Sentence:
The Adjudication Officer concluded that the Complainant did not have an employment relationship with the Respondent under the Terms of Employment (Information) Act 1994, as the evidence indicated that tutors were engaged by parents in a private arrangement with the Department acting only as a payroll agent, thus dismissing the complaint for entitlement to a contract of employment.

The Complainant, a home tutor since September 2006, presented evidence of her working conditions and pay structure. She earned €37.65 per hour, working 30 hours weekly, but limited to 42 hours. The Respondent set her hours, place of work, and annual leave, based on the academic

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This article is correct at 20/06/2024

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Patrick Barrett BL

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