INDUSTRIAL RELATIONS ACTS, 1946 TO 2001
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
COUNTY DUBLIN V.E.C.
(REPRESENTED BY EGAN COSGRAVE & ASSOCIATES, SOLICITORS)
- AND -
Chairman: Mr Duffy
Employer Member: Mr Carberry
Worker Member: Ms Ni Mhurchu
1. 1. A dispute concerning the employment status of a part-time teacher employed by County Dublin VEC.
2. No recommendation has been issued by the Court but the following letter was sent to the parties.
2nd August, 2002
Mr Albert Kerr Mr Patrick O'Connor Mr William J.P.Egan
92 Seacrest Chief Education Officer Egan Cosgrove & Assoc.
Bray Co. Dublin VEC Solicitors
Co Wicklow Main Road 101 Lower Baggot Street
Tallaght Dublin 2
The employer in this case, County Dublin V.E.C told the Court that while the claimant, Mr Albert Kerr is employed as Director of a Senior Traveller Training Workshop, his employment designation is that of an eligible part-time teacher with the V.E.C. Relying on the decision of this Court in the case of Teachers Union of Ireland and Sligo Vocational Education Committee (CD/92/33) the employer contends that the claimant is an officer of the VEC and is not a Worker within the meaning of Section 23(1) of the Industrial Relations Act 1990.
The claimant told the Court that the substance of his claim is based on the proposition that he is an eligible part-time teacher with the VEC and that this should be reflected in his conditions of employment.
Given the level of agreement between the parties on this point the Court accepts that the claimant's employment status is that of an eligible part-time teacher.
It is accepted by both parties that an eligible part-time teacher employed by a VEC is an officer of the VEC. It follows that the claimant is not a worker for the purposes of the Industrial Relations Acts 1946-2001 and the Court lacks jurisdiction to investigate his claim.
3. No recommendation has been issued by the Court.
Signed on behalf of the Labour Court
2nd August, 2002______________________
Enquiries concerning this Recommendation should be addressed to Larry Wisely, Court Secretary.