Walsh v Kerry County Council (Approved) [2023] IEHC 719 (15 December 2023)

Walsh v Kerry County Council (Approved) [2023] IEHC 719 (15 December 2023)

The Labour Court correctly applied the legal test from CJEU caselaw, considering all relevant constraints and circumstances. The constraints on the appellant did not objectively and very significantly affect his ability to freely manage his time and pursue his own interests during standby periods. Therefore, standby time did not constitute 'working time' under the Directive or the 1997 Act.

Citation
[2023] IEHC 719
Parties
Appellant: David Walsh; Respondent: Kerry County Council
Jurisdiction
Ireland
Judgment Date
15 December 2023
Procedural Posture
Statutory Appeal on a Point of Law / High Court Judgment
Outcome
appeal dismissed
Legal Topics
Working Time, Standby Duty, Retained Firefighters, Organisation of Working Time Act 1997, Working Time Directive
Employment Law EU Law Working Time Standby Duty Retained Firefighters Organisation of Working Time Act 1997 Working Time Directive

Case Brief

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Parties

David Walsh

Appellant

Kerry County Council

Respondent

Procedural Posture

Statutory Appeal on a Point of Law / High Court Judgment

Legal Issues

  1. 1 Whether time spent on standby by a retained firefighter constitutes 'working time' under the Organisation of Working Time Act 1997 and the Working Time Directive
  2. 2 Whether the Labour Court erred in law in its assessment of constraints on the appellant's ability to manage his time

Ratio Decidendi

The Labour Court correctly applied the legal test from CJEU caselaw, considering all relevant constraints and circumstances. The constraints on the appellant did not objectively and very significantly affect his ability to freely manage his time and pursue his own interests during standby periods. Therefore, standby time did not constitute 'working time' under the Directive or the 1997 Act.

Court Disposition

appeal dismissed

Orders

  • Appellant's appeal against the Labour Court decision dated 8 November 2022 is dismissed.
  • Parties to furnish written submissions on final order and costs within four weeks.