The Labour Court rejected David Walsh’s appeal over whether standby time as a retained firefighter counted as working time, and upheld the Adjudication Officer’s decision. The Court’s determination, dated 8 November 2022, concerned complaint CA-00029440-005 under the Organisation of Working Time Act 1997.
Walsh worked for Kerry County Council as a retained firefighter. The dispute was whether time spent on standby fell within the working-time rules in the Act and the Working Time Directives. The Court said this appeal relied on the same facts as a linked case, WTC/20/19, and directed that its reasoning be read alongside that determination.
Applying the linked case’s finding, the Court determined that Walsh’s standby time was not working time for the purposes of the Act or the Directive. It also found that no breach of the Act occurred during the relevant period. The appeal failed, so the Adjudication Officer’s decision remained in place and Kerry County Council prevailed.