Oireachtas Joint and Select Committees

Tuesday, 6 November 2012

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Workplace Relations Service: Discussion with Employment Appeals Tribunal

2:25 pm

Mr. Peter O'Leary:

In regard to that, that is an old case called Brooks and Shields where there was an illegality in the contract and therefore it was unenforceable. That is the law. There was an amendment in 1993 in the Act mentioned earlier that changed that in respect of defrauding the Department of Social Welfare or the Revenue Commissioners. Those reasons were removed from the legislation to ensure the contract would not be held illegal if that occurred but we were then obliged to notify the Revenue Commissioners or the Department of Social Welfare where we noticed an illegality in a contract of employment but nothing else was touched, so to speak. That is the reason that where there was an illegality in the particular contract the judge ruled it could not be enforced.