INDUSTRIAL RELATIONS ACTS, 1946 TO 2004
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
KILKENNY CIVIL DEFENCE
(REPRESENTED BY THE LOCAL GOVERNMENT MANAGEMENT SERVICES BOARD)
- AND -
Chairman: Mr McGee
Employer Member: Mr Doherty
Worker Member: Mr Nash
1. Reinstatement and apology.
2. The claimant in this case joined the Civil Defence in 1992 as a volunteer and became associated with the auxiliary fire service section within the Civil Defence. The claimant was subsequently and separately employed by Kilkenny County Council as an Environmental Enforcement Officer from 11th January, 1999. Over time the claimant was involved in maintenance of equipment and repairs, cleaning, painting and small repair jobs within the headquarters and stores of the Civil Defence in Kilkenny. By 1997 he had become an Officer within the Civil Defence and was involved in the stores as part-time storekeeper. The Civil Defence is claiming that equipment was used at a private event without authorisation. The Civil Defence investigated the matter and confirmed that the vehicle had been at the event. In November, 2004 the claimant received a letter from the Civil Defence stating that his services as a part-time member of the Civil Defence were no longer required.
The Organisation is also claiming the Labour Court does not have jurisdiction to investigate this dispute specifically that the claimant is precluded from bringing his case to the Labour Court by virtue of his employment status and that the appropriate definition of the term "worker" for the purpose of the Industrial Relations Act is that set out at Section 23 of the Industrial Relations Act 1990.
The claimant is refuting this and claiming that he had worked regular hours in the stores etc. and he received payment. He also refutes that he used the Civil Defence equipment for private purposes.
The claimant referred the matter to the Labour Court on the 3rd May, 2005 in accordance with Section 20(1) of the Industrial Relations Act, 1969 and agreed to be bound by the Court's recommendation. A Labour Court hearing took place on the 28th September, 2005.
Having considered the submission of both sides, the Court having reference to the Industrial Relations Acts, 1946 - 2004, does not find that the Claimant was operating under either a contract of service or a contract for service in respect of Kilkenny Civil Defence. Accordingly the Court finds that he is not a worker within the meaning of the Acts and that accordingly, this Court has no jurisdiction to hear the substantive case.
Signed on behalf of the Labour Court
25th October, 2005______________________
Enquiries concerning this Recommendation should be addressed to Jackie Byrne, Court Secretary.