A CENTRAL Bank security guard was not employed "by or under the State", the Supreme Court decided yesterday.
Mr Martin Leo Gildea, of Coolkill, Sandyford, Co Dublin, was employed by the Central Bank from 1981 to February 4th, 1992, when he was dismissed for alleged gross misconduct.
He made a claim 19 the Employment Appeals Tribunal (ETA) under the Unfair Dismissals Act 1977 that he had been unfairly dismissed. The tribunal ruled in his favour and ordered his re-engagement by the bank.
The Central Bank, in a Circuit Court appeal, claimed Mr Gildea was employed "by or under the State" (a civil servant) within the meaning of Section 2 of the 1977 Act and accordingly a claim could not come before the ETA for unfair dismissal.
The Circuit Court judge asked the Supreme Court's opinion.
Mr Justice Keane, giving the Supreme Court's decision, said counsel for the Central Bank claimed the bank was an integral part of the government of the State, and Civil Service regulations applied to bank employees, including Mr Gildea.
Counsel for Mr Gildea claimed the bank was a separate corporate entity created by statute and did not form any part of government. It was not the intention of the Oireachtas that the bank's employees should be in the same position as civil servants.
There was a self-contained code providing for the recruitment, remuneration and dismissal of a civil servant under other legislation.
Mr Justice Keane said Mr Gildea was not a person "employed by or under the State" within the meaning of the 1977 Act