McGurk v Department for Social Development [2006] NICA 20 (21 March 2006)

McGurk v Department for Social Development [2006] NICA 20 (21 March 2006)

There was sufficient material before the tribunal to conclude that the Department exercised enough control over Mrs McGurk's employment to establish an employer/employee relationship under an implied contract of service.

Citation
[2006] NICA 20
Parties
Applicant Respondent: Marie Louise McGurk; Respondent Appellant: Department for Social Development
Jurisdiction
Northern Ireland
Judgment Date
21 March 2006
Procedural Posture
Appeal by Way of Case Stated / Court of Appeal Decision on Preliminary Issue
Outcome
Appeal dismissed; tribunal's decision upheld
Legal Topics
Employment Status, Implied Contract of Employment, Employer/employee Relationship, Control Test
Employment Law Employment Status Implied Contract of Employment Employer/employee Relationship Control Test

Case Brief

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Parties

Marie Louise McGurk

Applicant Respondent

Department for Social Development

Respondent Appellant

Procedural Posture

Appeal by Way of Case Stated / Court of Appeal Decision on Preliminary Issue

Legal Issues

  1. 1 Whether Mrs McGurk was employed by the Department for Social Development under an implied contract of service
  2. 2 Whether sufficient control existed to establish an employer/employee relationship

Ratio Decidendi

There was sufficient material before the tribunal to conclude that the Department exercised enough control over Mrs McGurk's employment to establish an employer/employee relationship under an implied contract of service.

Court Disposition

Appeal dismissed; tribunal's decision upheld

Orders

  • The question in the case stated is answered 'Yes'.
  • No finding made regarding Civil Servant status or entitlement to terms and conditions; further evidence required.