A Workplace Relations Commission adjudication officer found that home tutor Brian Pigott was not an employee of the Department Of Education and rejected his complaint seeking written employment terms. The decision was dated 28 May 2024.
Pigott had worked under the Home Tuition Scheme since early 2013, teaching students in their homes or a library. He argued that he was an employee, pointing to payslips and tax deductions. The Department said parents recruited tutors privately and it acted as a payroll agent for statutory deductions.
The officer found that parents selected tutors and directed their day-to-day work, while the Department approved hours and rates and processed payments. Applying the Supreme Court's employment-status framework, the officer found no contractual link between Pigott and the Department. The complaint was therefore not well founded.