EMPLOYMENT APPEALS TRIBUNAL
APPEALS OF: CASE NO.
Kim Walshe UD1255/2014
-Appellant TE109/2014
against the recommendation of the Rights Commissioner in the case of:
Kim Walshe
-Appellant
-v-
Fingal Leader Company Partnership Limited
-Respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2007
TERMS OF EMPLOYMENT (INFORMATION) ACT 1994 TO 2012
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr. P. O'Leary B L
Members: Mr. M. Noone
Mr. M. O'Reilly
heard this appeal at Dublin on 23rd March 2015
and 13th May 2015
Representation:
Appellant: Mr. Richard Grogan, Richard Grogan & Associates,
Solicitors, 16 & 17 College Green, Dublin 2
Respondent: No representation listed
These appeals are before the Tribunal by way of an employee (the Appellant) appealing a Rights Commissioner Recommendations under the Unfair Dismissals Acts, 1977 to 2007, ref: r-138439-ud-13/MMG, and the Terms of Employment (Information) Act 1994 To 2012, ref: r-136055-te-13/MMG.
Determination:
The Tribunal having considered the submissions in this case and the submissions made on the day of the hearing have formed the following determination. In coming to this determination the Tribunal considered the essential elements of a contract and that employment law is founded on contract law. The essential elements of a contract are Offer, Acceptance, Consideration and an Intention to create legal relations and any other factor that may pertain to the essences of the contract.
In this case the Consideration paid to the Appellant was not paid by the Respondent but, in fact, was paid by the State. The State was not used as a conduit by the Respondent to pay the Appellant and indeed the Respondent had no liability under the terms of the scheme to pay the Appellant. One must also consider the fact that no legal relations were established between the Appellant and the Respondent in this case. It follows that the essential elements of a contract are absent in this case therefore the Appellant was not under a contract of employment with the Respondent. All the appeals of the Rights Commissioner Recommendations under the Unfair Dismissals Acts, 1977 to 2007, ref: r-138439-ud-13/MMG, and the Terms of Employment (Information) Act 1994 To 2012, ref: r-136055-te-13/MMG, fail.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)