EMPLOYMENT APPEALS TRIBUNAL
CASE NO.
TE22/2015
APPEAL(S) OF:
Mildred Beirne - appellant
against the recommendation of the Rights Commissioner in the case of:
Board of Management of Loughlynn NS - respondent
under
TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 AND 2001
I certify that the Tribunal
(Division of Tribunal)
Chairman: Ms C. Egan B L
Members: Mr P. Pierson
Ms H. Murphy
heard this appeal at Roscommon on 18th June 2015
Representation:
_______________
Appellant(s) : Mr Michael Timmins BL instructed by Joan H Devine & Company,
Solicitors, Bridge Street, Strokestown, Co Roscommon
Respondent(s) : Mr Krystian Boino, Hoban Boino, Solicitors, Suite 114, The Capel Building, Mary's Abbey, Dublin 7
This case came before the Tribunal by way of an appeal by the employee (appellant) against the recommendation of the Rights Commissioner (ref:r-144170-te-14) under the Terms of Employment (Information) Act 1994 and 2001
Summary of Case
The Tribunal heard evidence from the appellant that her late husband taught music to the school children in the respondent school. Following his death she took over the duties in 1987. Each year thereafter she was asked by the school principal if she was available to teach music and she continued to do so, teaching the children every Wednesday for two hours. She was generally paid by cheque and very occasionally by cash. She was not aware of the source from which the funding for her payment was derived. She did not receive a contract of employment or payslips. She did not receive holidays.
She gave further evidence that she provided her own tin whistle but did not provide tin whistles for the children. On occasions she did fundraising for the school and never missed a class due to illness. She accepted that her daughter replaced her on one occasion due to her having to attend another engagement. She accepted that she also gave private classes to some children in their own homes.
The school principal gave evidence that music is taught in the classroom as part of the school curriculum by mainstream teachers. The school also ballots the parents of the school children annually in respect of extra curricular activities that they may wish to have provided. The school then arranges for the provision of the extra curricula activities based on the outcome of the ballot. The funding for these activities is provided by the parents. The parents also organise fund raising events to help with this funding.
In this regard he gave evidence that the appellant was paid for her services to teach music as an extra curricular activity to the school children. She was paid for her services solely from the funding raised by the parents. She was engaged as an independent contractor and was generally paid by cheque and very occasionally by cash. She was not given a contract of employment, payslips or holidays as she was not an employee. She chose her own content for the music classes. As the school principal he had no input into the classes.
Determination
The Tribunal, having considered the written submissions and oral evidence of the parties is satisfied that the appellant was not an employee but was engaged as an independent contractor. She was providing a service to the school and was engaged by the school under a contract for service.
Accordingly as the Tribunal finds that the appellant was not an employee within the meaning of the Act the Tribunal finds that it has no jurisdiction to hear the appeal and upholds the recommendation of the Rights Commissioner.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)