O'Friel v St. Michael's Hospital

• Jurisdiction: Ireland
• Judgment Date: 01 January 1982
• Date: 01 January 1982
• Court: Employment Appeal Tribunal (Ireland)

(E.A.T.)

O'Friel

and

St. Michael's Hospital

Exclusions - Employment under contract for services - Surgeon - Whether an employee - Unfair Dismissal Act, 1977, (No. 10), s. 1.

The claimant acted as consultant surgeon to the respondents' hospital from May, 1977, until the 31st March, 1980, when the arrangement between the parties was terminated by the respondents. The duties of claimant included, inter alia, treating both public and private patients, taking an outpatient clinic once a week and being 'on call' every Wednesday. His earnings came from private patients, from the respondents, and from the Department of Health. Claimant alleged that this arrangement constituted employment to him by the respondents so as to bring him within the meaning of 'employee' as defined in s. 1 of the Unfair Dismissals Act, 1977. The respondents disputed this allegation. Held applying the tests in Brian and Brendan Scanlon v. Browne and Carolan Ltd.UNK (E.A.T. M 60, M...