One of Ireland's best-selling singers Tommy Fleming has been told to pay €4,600 compensation to a musician he sacked just 24 hours before the start of a 10-week tour, according to a Labour Court ruling published last week.
The female musician, who was represented by the Musicians Union but was not named, told the Labour Court that she was engaged by Fleming to perform on a tour between 16 January and 4 April 2009 for an agreed fee of €4,600.
But 24 hours before the tour was due to begin, she received a phone call telling her that her association with Fleming's company, TF Productions, had come to an end. She did not receive the agreed fee.
Des Courtney of the Musicians Union, which is part of Siptu, told the Sunday Tribune that he had written to Fleming looking for payment but had received no reply.
"We are calling on Tommy Fleming to pay the money," Courtney said. Union members will place a picket outside Fleming's show in the National Concert Hall this Wednesday and Thursday.
The musician said she had turned down several bookings which conflicted with the tour dates and was left with no time to organise alternative employment.
The union said it had made several attempts to talk to TF Productions but had neither met nor spoken to any of its representatives.
Labour Court chairman Kevin Duffy also noted that TF Productions did not attend the hearing or communicate with the court. Duffy noted, however, that the court received a letter from the company's solicitors which argued that the freelance musician was not a "worker" as defined by the industrial relations act and as such her case could not proceed to the court.
But Duffy ruled that the musician was a worker and said the union's claim was "reasonable". Duffy said that based on uncontested evidence the employer cancelled the "engagement at short notice". He said he was satisfied that she was unable to obtain alternative work in the period and recommended the compensation as sought be paid.
Courtney said that this was a very important case for freelance musicians and actors as the union had established that they were 'workers' and were entitled to pursue compensation when payment was withheld.
The Sligo-born Fleming (38) has established himself as one of the country's biggest selling singer-songwriters since he left the traditional band De Danann in 1996 to pursue a sole career. He has appeared in Carnegie Hall in New York and the Boston Symphony Hall.
Over two years ago, Fleming took the record com-pany Clann Records to the High Court after it released an old collection of his songs at the same time as Fleming released a self-financed album.