Labour Court disallows teacher’s appeal over Home Tuition Scheme pay

The Labour Court disallowed Deirdre Muldoon’s appeal over her hourly pay under the Home Tuition Scheme, finding it had no jurisdiction to entertain her claim. The determination was signed on 29 June 2010. Muldoon, a qualified teacher, said she was paid €27.12 an hour instead of the €42.18 rate for qualified teachers from 2003 to 2007. She argued that the Department of Education and Science employed her, or that parents receiving grants for tuition acted as its employment agency. The Department said she was not its employee and also raised a time-limit objection. The Court found that Muldoon provided tuition through a company she directed, which contracted with parents. It found there was no contract between her and the Department, and that the grant paid to parents did not establish the legal connection needed for her to bring a claim against the Department under the Protection of Employees (Part-Time Work) Act 2001. The Court affirmed the Rights Commissioner’s decision.