Labour Court rejects claim that time spent on standby amounted to work
He was permitted by Dublin City Council , which organised the service, to engage in other employment and worked as a taxi driver but said that the need to be able to report within the 10-minute time frame meant he could not accept a fare of more than €10 and was prevented from attending many family events, pursuing hobbies or visiting his mother in a nursing home as it would take him too far from the station.
He said that the council was in breach of several sections of the Working Time Act, 1997 as he was obliged to consistently work far in excess of permitted hours, was not paid a premium for working Sundays or public holidays and did not receive legally required rest periods. It found that “the concept of ‘working time’ within the meaning of directive 2003/88 covers the entirety of periods of standby time, including those according to a standby system, during which the constraints imposed on the worker are such as to affect, objectively and significantly, the possibility for the latter freely to manage the time during which his or her professional services are not required and to pursue his or her own interests”.
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