The Commissioner of an Garda Síochána & Anor -v- Oberoi & Ors [2013] IEHC 267 (30 May 2013)

The Commissioner of an Garda Síochána & Anor -v- Oberoi & Ors [2013] IEHC 267 (30 May 2013)

Members and prospective members of the Garda Reserve are not employees under the Employment Equality Acts due to the express statutory provision that they are volunteers and not under a contract of employment; training for the Garda Reserve does not constitute vocational training for an occupational activity within the meaning of section 12 of the Acts, and thus the Equality Tribunal lacks jurisdiction over such complaints.

Citation
[2013] IEHC 267
Parties
Appellant/respondent: The Commissioner of an Garda Síochána; Respondent/applicant: Ravinder Singh Oberoi; Notice Party: The Director of the Equality Tribunal
Jurisdiction
Ireland
Judgment Date
30 May 2013
Procedural Posture
Statutory Appeal and Cross Appeal Under Employment Equality Acts / High Court Appeal on Points of Law From Equality Tribunal Preliminary Decisions
Outcome
Appeal by the Garda Commissioner allowed; cross-appeal by Ravinder Singh Oberoi refused.
Legal Topics
Definition of Employee, Jurisdiction of Equality Tribunal, Vocational Training Under Equality Acts, Discrimination on Grounds of Religion and Ethnicity, Interpretation of Deeming Provisions, Volunteer Status and Employment Rights
Employment Law Equality Law Statutory Interpretation Definition of Employee Jurisdiction of Equality Tribunal Vocational Training Under Equality Acts Discrimination on Grounds of Religion and Ethnicity Interpretation of Deeming Provisions +1 more

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Parties

The Commissioner of an Garda Síochána

Appellant/respondent

Ravinder Singh Oberoi

Respondent/applicant

The Director of the Equality Tribunal

Notice Party

Procedural Posture

Statutory Appeal and Cross Appeal Under Employment Equality Acts / High Court Appeal on Points of Law From Equality Tribunal Preliminary Decisions

Legal Issues

  1. 1 Whether a member or prospective member of the Garda Reserve is an employee under the Employment Equality Acts
  2. 2 Whether training for the Garda Reserve constitutes vocational training under section 12 of the Employment Equality Acts

Ratio Decidendi

Members and prospective members of the Garda Reserve are not employees under the Employment Equality Acts due to the express statutory provision that they are volunteers and not under a contract of employment; training for the Garda Reserve does not constitute vocational training for an occupational activity within the meaning of section 12 of the Acts, and thus the Equality Tribunal lacks jurisdiction over such complaints.

Court Disposition

Appeal by the Garda Commissioner allowed; cross-appeal by Ravinder Singh Oberoi refused.

Orders

  • Equality Tribunal has no jurisdiction over complaints by or about Garda Reserve members under the Employment Equality Acts.
  • Complaint dismissed.