A woman's claim that she was employed as a publications officer by the aid agency Concern was disputed at the Employment Appeals Tribunal yesterday.
Ms Hylda Anderson (36), Castleknock, Dublin, was claiming unfair dismissal against Concern, Camden Street, Dublin, where she said she was employed for five years before being dismissed last November.
In a preliminary hearing Concern contended Ms Anderson was a self-employed graphic designer, not an employee under the meaning of the Unfair Dismissals Act and so could not take the case.
Mr Martin Dully, counsel for Concern, said in October 1992 Ms Anderson was offered and accepted a job for just over £8,000 a year for 21 hours a week. Within a month she asked for changed terms and conditions, saying her circumstances had changed and the hours were inappropriate.
In December 1992 new terms, including working for an hourly rate of £7.50 and taking responsibility for her own tax and insurance, were defined in a letter, to which Ms Anderson signed her agreement.
The Revenue Commissioners audited the company in 1995 and concluded that Ms Anderson was self-employed. She did not receive pay for holidays, sick leave or maternity leave.
Ms Anderson rejected all the allegations. She said she was not a graphic designer, she was a publications officer. She had started work in October 1992 in accordance with the offer of employment. Her situation changed as she had two small children and had trouble finding child-minders. It was agreed that she work from home in the short term.
She disputed that her employment was cancelled. "I dispute the letter, I was still doing the same job. My remuneration had not changed, it was just a new method of payment," she said.
The tribunal chairwoman, Ms Mary Faherty, reserved judgment on the preliminary issue.