In 2002, the Labour Court allowed the Department Of Agriculture Food And Rural Development's appeal and overturned the Rights Commissioner's decision that Maurice O'Reilly was an employee entitled to annual leave and public holidays. The determination was dated 17 June 2002. The Court found he was employed under a contract for services and so was not an employee under the Organisation of Working Time Act 1997.
O'Reilly had worked for the Department as a part-time Temporary Veterinary Inspector since 1966. The Court relied particularly on his right to refuse work and his control over how he performed his duties. He had argued that he worked under departmental direction, had to do the work personally and received protective equipment; the Department argued he was self-employed and could refuse shifts and undertake private practice. His claim for additional payment for unsocial hours was not adjudicated after he accepted it should not form part of the case.