CASE REF: 353/04FET
CLAIMANT: Martin Connolly
RESPONDENT: Edmund Rice College
The decision of the Tribunal is that the Tribunal does not have jurisdiction to consider the claimant's complaint in view of Article 71 of the Fair Employment and Treatment Order 1998 and his claim is therefore dismissed.
Constitution of Tribunal:
Chairman: Mr I Wimpress (Chairman sitting alone).
The claimant was represented by Mr J Bowers from the Employment Industrial Relations Service (ERIS).
The respondent was represented by Mr J Gordon Solicitor from Napier & Sons, Solicitor.
the start of September 2003. In October 2003 he was asked to stay on and he remained in that position until June 2004. It would appear from the claimant's originating application that he was engaged as a teacher of religious education. The precise capacity in which he was so engaged during this period is somewhat unclear. However, for the purposes of determining the preliminary issue I am prepared to accept that the claimant was employed as a teacher of religious education at Edmund Rice College during this period.
"71(1) Subject to paragraph (2) –
(a) Part VII does not apply to or in relation to employment as a teacher in
a school; and
(b) the other provisions of this Order do not apply to or in relation to the
recruitment of a person as a teacher in a school.
(1A) For the purposes of paragraph (1)(b) "recruitment" means any step in
the process of engagement of a person for employment up to the commencement of the employment".
Date and place of hearing: 13 April 2006, Belfast.
Date decision recorded in register and issued to parties: