UD1141/2014

EMPLOYMENT APPEALS TRIBUNAL

CASE NO.

UD1141/2014

CLAIM(S) OF:                                                                                                    

Mildred Beirne           - claimant                                                                                                         

against

Board Of Management of Loughlynn NS       - respondent

under

UNFAIR DISMISSALS ACTS 1977 TO 2007

I certify that the Tribunal

(Division of Tribunal)

Chairman:   Ms C. Egan B L

Members:     Mr P. Pierson

                     Ms H. Murphy

heard this claim at Roscommon on 18th June 2015

Representation:

_______________

Claimant(s) :         Mr Michael Timmins BL instructed by Ms Joan Devine, Joan H Devine & Co, Solicitors, Bridge Street, Strokestown, Co Roscommon

Respondent(s) :   Mr Krystian Boino, Hoban Boino, Solicitors, Suite 114, The Capel Building, Mary's Abbey, Dublin 7

Summary of Case

The Tribunal heard evidence from the claimant 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 claimant 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 claimant 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 claimant was not an employee within the meaning of the Act the Tribunal finds that it has no jurisdiction to hear the claim.

Sealed with the Seal of the

Employment Appeals Tribunal

This   ________________________

(Sgd.) ________________________

     (CHAIRMAN)