A secretary at a private school in south Dublin has lost a case to have her wages reimbursed after they were cut in line with a direction from the Department of Education.
The Employment Appeals Tribunal found by a majority of two to one that the deductions made from the wages of Damhnait Nic Bhradaigh, who has worked at Mount Anville secondary school for 22 years, were lawful under the Payment of Wages Act 1991.
Ms Nic Bhradaigh, who continues to work at the school, has lodged an appeal of the decision at the High Court and her case is listed for October.
Legal advice
The Financial Measures in the Public Interest Act 2009 (Fempi) introduced wage cuts for public servants. On foot of it, the Department of Education sent a circular to private schools. It said it had taken legal advice and for the purposes of the Act “all staff working in a recognised school” were public servants “solely for the purposes of the Act”.
The tribunal had heard there were 27 teachers working in Mount Anville who were paid directly by the Department of Education and all other teachers and staff were paid by fees and private funds. The school does not receive any capitation or ancillary grants, but was deemed a “recognised school”. The department instructed it to impose pay cuts in line with Fempi on all staff from January 1st, 2011.
Private contract
When the tribunal heard the case in August last year, Ms Nic Bhradaigh argued the cut in her wages amounted to interference in a private contract between herself and her employer and was illegal. She said it was a “reduction” in her wages rather than a “deduction”, and the Payment of Wages Act only allowed deductions. She said the Act sought to make her a public servant without giving her the benefits and protections of a public servant, including pension benefits.
Solicitor Liam Riordan, for the school, told the tribunal Mount Anville had “enormous sympathy” for Ms Nic Bhradaigh but the imposed wage cut was outside its power. It was a “recognised school” under the Education Acts and as such was obliged to carry out the directions of the department.
