The High Court has dismissed a Kerry fireman’s appeal against a Labour Court ruling that he is not considered to be working when he is on standby.
In November 2022, the Labour Court found that time spent on standby for callouts to fires or other alerts was not considered working time.
David Walsh, a retained firefighter since 2008 in Ballybunion, then took his case to the High Court, which upheld the Labour Court’s finding.
David Walsh submitted to the Labour Court that he was on call 168 hours a week, 52 weeks of the year, and had to turn up at the station within 10 minutes of a callout.
The Labour Court found being on call did not constitute working time, for the purpose of the Organisation of Working Time Act 1997 and the EU Working Time directive.
It said the requirements placed on him, which include a minimum of 75% attendance at callouts, did not place him under major constraints, and have a very significant impact on the management of his time.
He then appealed this to the High Court, in which Kerry County Council was the respondent and opposed his case.
Mr Walsh’s counsel, Conor Power, argued the Labour Court had erred in law, failing to take into account the overall impact of all restrictions on him.
Mairéad McKenna, for the council, said there was no basis for the High Court to set aside any of the primary findings of fact, or the inferences drawn by it because the findings of fact had been agreed, or had not been seriously controverted.
Mr Justice Anthony Barr dismissed the appeal, saying the Labour Court had regard to the relevant factors, and it was entitled to reach the conclusion it did.
He said he was satisfied there was no basis on which to set aside the decision of the Labour Court.
