The Labour Court disallowed David O'Connor's appeal and affirmed the decision that the HSE National Ambulance Service had not penalised him. The determination was dated 17 July 2019.
O'Connor, an emergency medical technician, said he took the required 11 hours of daily rest after working late and began his next shift at 9am. He argued he should have been paid from his scheduled 8am start and that losing an hour's pay penalised him for exercising his right to daily rest. The HSE said its arrangements complied with working-time law and that he had not established penalisation.
The Court found that the Organisation of Working Time Act 1997 was not among the legislation covered by the relevant protections in the Safety, Health and Welfare at Work Act 2005. It found the complaint misconceived and affirmed the Adjudication Officer's decision.