The Labour Court upheld a finding that Dundalk Town Council treated part-time firefighter David Teather less favourably by not allowing him to take charge at fire incidents when a full-time firefighter of lower rank could do so. Its determination was signed on 19 September 2011.
Teather, a retained firefighter at Dundalk Fire Station, argued that the practice breached his right to equal treatment under part-time work law. A Rights Commissioner had found his complaint well founded and directed the Council to treat him like a comparable full-time Sub Officer for Officer-in-Charge designations. The Council appealed, saying full-time firefighters had additional duties, different employment terms and that the difference was justified.
The Court found that part-time and full-time firefighters did the same core emergency work and were interchangeable. It said the additional duties of full-time staff did not make their core work more valuable, and the Council had provided no evidence to support that claim. Taking charge at an incident was a benefit connected to rank and a condition of employment. The Court rejected the Council’s justification and disallowed the appeal, affirming the Rights Commissioner’s decision.