The Labour Court rejected retained firefighter Martin Gilbert’s appeal against Dublin City Council, finding his standby periods were rest time rather than working time. The determination was dated 9 March 2023.
Gilbert’s complaint under the Organisation of Working Time Act 1997 depended on his argument that standby counted as 168 hours of work each week. The Court said he had to attend the fire station within 10 minutes of an alert, and was required to respond to 75% of alerts. Attendance within 15 minutes qualified him for payment for the full call-out.
The Court also noted that Gilbert could work as a self-employed taxi driver or pursue other activities while on standby, and was not required to remain at a location chosen by the Council. It concluded that the restrictions did not objectively and very significantly limit his ability to manage his time.
Because the standby periods were not working time under the Act and the relevant EU directive, the alleged working-time breaches could not be upheld. The appeal failed, and the Adjudication Officer’s decision was affirmed.