EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Ann Marie McDonnell UD1255/2008
- Claimant
against
County Monaghan VEC
- Respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2015
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr C. Corcoran B.L.
Members: Mr J. Horan
Ms.S O'Donnell
heard this claim at Dublin on 2nd May 2017
Representation:
Claimant: In Person
Respondent: Wells & O'Carroll, Solicitors, Main Street, Carrickmacross, Co Monaghan
The determination of the Tribunal was as follows:-
Preliminary Issues:
At the outset the appellant indicated that she was waiting for her solicitor who was detained in the Four Courts. In the interest of justice the Tribunal decided to wait for 30 minutes, after which he had not appeared. An application was made on behalf of the appellant for an adjournment, this was vigorously opposed by the solicitor for the respondent, Mr. O’Carroll on the basis that this matter was going on for some time and that the appellant had a number of different representatives and was well aware of the issues from correspondence received from his office. This application was refused but again in the interest of justice the Tribunal indicated that it would wait a further 30 minutes, after which it was then proceeding with the hearing.
When the hearing commenced the respondent solicitor submitted by way of a preliminary application that the Tribunal had no jurisdiction to hear this case. The claimant was employed by the respondent as a vocational teacher from 1992 to 2008, and then left her employment.
The respondent solicitor contended that the claimant served as an officer while in their employment and therefore could not avail of the Unfair Dismissals Acts, by virtue of section 2 (1) (j) of the Unfair Dismissals Act, 1977 as amended by section 3 (a) (j) of the Unfair Dismissals (Amendment) Act 1993, which state as follows:
“This Act shall not apply in relation to any of the following persons: officers of a health board, a vocational education committee established by the Vocational Education Act, 1930, or a committee of agriculture established by the Agriculture Act, 1931. Section 3 (a) (j) states:
Section 2 of the Principal Act is hereby amended by officers of a health board (other than temporary officers) or a vocational education committee established by the Vocational Education Act, 1930”.
In relation to the status of a vocational teacher i.e. as to whether a vocational teacher was a “servant” or an “officer” at the relevant time, it is clearly implied from the foregoing legislation and case law that she was an officer of the respondent.
Section 112 of the Vocational Education Act 1930 states as follows “The Minister may by regulations made under this Act prescribe the minimum rates of travelling and maintenance expenses payable to teachers and officers of vocational education committees who have to travel in the performance of their duties”. This was amended by the Vocational Education (Amendment) Act 1944 Section 10, which states as follows: “Section 112 (which relates to travelling expenses for officers) of the Principal Acts hereby amended by the insertion of the word “other” before the word “officers”.
There were no counter submissions from the appellant.
Determination:
The Tribunal having carefully considered the above-mentioned submissions and bearing in mind that that the said provisions of the Acts as outlined above were later repealed, by the Education and Training Boards Act 2013, nevertheless noted that the Appellant’s employment ended on or about the 7/5/08 and the applicant FORM T1A was stamped received on the 24/10/2008, therefore the operative law at the time was the relevant sections of the Vocational Education Act 1930 as amended. Accordingly the Tribunal was of the view that she was an officer of the respondent at the relevant time, and as such was excluded from the provisions of the Unfair Dismissals Act 1977 as amended.
In making its decision the Tribunal was mindful of the sentiments expressed in the cases of:
- Dublin City Council v Jeanette Fennell and Others, Supreme Court, Kearns J. 2005, 1 I.R. page 604
- Patrick Kavanagh v Monaghan Vocational Education Committee. Case No. 400, M1786, UD699, PT/95
- Neil Creig v Monaghan Vocational Education Committee, Case No. UD 1457/2004
- Western Health Board v Mrs. Bridget Quigley – Barrington J. 1982
“Wholetime vocational teachers have always been treated as officers certainly in all the cases that have come before the courts.”
“Vocational Teachers and the Law” page 88. by Dr. Michael Farry.
The Tribunal does not have jurisdiction to hear this case under the Unfair Dismissals Acts 1977 to 2015.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)