David Walsh’s appeal over whether standby time counted as working time failed, and the Labour Court upheld the Adjudication Officer’s decision. The determination was dated 8 November 2022 and concerned complaint CA-00029440-007 under the Organisation of Working Time Act 1997.
Walsh was a retained firefighter employed by Kerry County Council. He challenged the decision on his complaint about time spent on standby. The Court relied on its reasoning in linked case WTC/20/19, which it said involved the same facts, and directed that the reasoning in that case be read alongside this determination.
The Court determined that standby time was not working time under the Act or the Working Time Directives. It found no breach of the Act during the cognisable period. The appeal therefore failed on its merits, and the Adjudication Officer’s decision was upheld, leaving the council successful in the dispute.