Geraldine Noonan v Department of Education [2024]

Posted In: Case Law
  • Decision Number
    ADJ-00036976
  • 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.

Background:
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
Disclaimer:

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.

Patrick Barrett BL

The main content of this article was provided by Patrick Barrett BL. Contact telephone number is 087-436 1270 or email Patrick.Barrett@lawlibrary.ie

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