This website contains decisions and determinations of both the Labour Court and the WRC. It also contains decisions and recommendations of the Equality Tribunal since 1996 and post 2007 determinations of the Employment Appeals Tribunal. For more information click here

Return to Search

DWT2244

FULL RECOMMENDATION

WTC/22/50
ADJ-00019586 CA-00029440-008

DETERMINATION NO. DWT2244

SECTION 28 (8), ORGANISATION OF WORKING TIME ACT, 1997

PARTIES :

KERRY COUNTY COUNCIL
(REPRESENTED BY LGMA)

- AND -

DAVID WALSH
(REPRESENTED BY ALASTAIR PURDY & CO SOLICITOR)

DIVISION:

Chairman:	Ms O'Donnell
Employer Member:	Mr Marie
Worker Member:	Ms Tanham

SUBJECT:

1. Appeal Of Adjudication Officer Decision No(S) ADJ-00019586, CA-00029440-008.

BACKGROUND:

2. The Employee appealed the Decision of the Adjudication Officer to the Labour Court on 22 March 2022 in accordance with Section 28(1) of the Organisation of Working Time Act, 1997. A Labour Court hearing took place on 24 August 2022. The following is the Determination of the Court.

DETERMINATION:

This is an appeal by David Walsh against decision ADJ-00019586 CA00029440--008 of an Adjudication Officer in his complaints against his employer Kerry County Council. The complaints were made pursuant to a contravention of the Organisation of Working Time Act 1997 (the Act). In line with the normal practice of the Court, the parties are referred to in this Determination as they were at first instance. Hence, David Walsh is referred to as the Complainant and Kerry County Council is referred to as the Respondent.

This claim was lodged with the WRC on the 3^rd July 2019 the cognisable period for the purpose of the Act is 4^th January 2019 to the 3^rd July 2019. There are twelve linked claims as follows: Organisation of Working Time Act 1997:

CA-00025500-001 lodged 1^st February 2019 cognisable period 2^nd August 2018 to 1^st February 2019

CA-00029440-001 lodged 3^rd July 2019 cognisable period 4th January 2019 to 3^rd July2019

CA-00029440-002 lodged 3^rd July 2019 cognisable period 4th January 2019 to 3^rd July 2019

CA-00029440-003 lodged 3^rd July 2019 cognisable period 4th January 2019 to 3^rd July 2019

CA-00029440-004 lodged 3^rd July 2019 cognisable period 4th January 2019 to 3^rd July 2019

CA-00029440-005 lodged 3^rd July 2019 cognisable period 4th January 2019 to 3^rd July 2019

CA-00029440-006 lodged 3^rd July 2019 cognisable period 4th January 2019 to 3^rd July 2019

CA-00029440-007 lodged 3^rd July 2019 cognisable period 4th January 2019 to 3^rd July 2019

CA-00029440-009 lodged 3^rd July 2019 cognisable period 4th January 2019 to 3^rd July 2019

CA-00029532-001 lodged 8^th July 2019 cognisable period 9th January 2019 to 8^th July 2019

CA-00029532-002 lodged 8^th July 2019 cognisable period 9th January 2019 to 8^th July 2019

Claim under the National Minimum Wages Act 2000.

CA-00030251-001 lodged 14th August 2019 cognisable period 15th February 2019 to 14^th August 2019.

The Court in linked case WTC/20/19, determined that the time the Complainant spent on standby as a retained firefighter was not working time for the purpose of the Organisation of Working time Act 1997 or the Working time Directives. This case is on all fours with that case and relies on the same set of facts. The Court in that determination set out its reasoning for coming to that decision. This determination should be read in conjunction with same.

The Court determines that the time spent on standby by the Complainant is not working time for the purpose of the Directive and or the Organisation of Working Time Act 1997 and that no breach of the Act occurred during the cognisable period.

The Complainants appeal fails. The Decision of the Adjudication Officer is upheld.

The Court so determines.

	Signed on behalf of the Labour Court

	Louise O'Donnell
IK	______________________
8 November 2022	Deputy Chairman

NOTE

Enquiries concerning this Determination should be addressed to Ian Kelly, Court Secretary.