LCR23204

PARTIES:

DIVISION:

SUBJECT:

Referral under Section 26(1) of the Industrial Relations Act 1990. 

BACKGROUND:

This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 28th October 2025 in accordance with Section 26(1) of the Industrial Relations Act, 1990.

A Labour Court hearing took place on 11th December 2025.

UNION'S ARGUMENTS:

1. The Union seeks to apply minimum rest period for on call Craft workers as per the Working Time Act 1997.
2. The Union claims their members do not fall under the scope of the exemptions provided for under the 1998 regulations.

EMPLOYER'S ARGUMENTS:

1. The Employer states that they are entitled to rely on the derogations in the Organisation of Working Time Act 1997.
2. The Employer also states that they provide compensatory rest breaks to workers as required.

RECOMMENDATION:

The issue in dispute between the parties and jointly referred to the Labour Court relates to appropriate rest periods after callout where the Worker is scheduled to work the next day. The Union submitted that its members provide an on-call service based on a 1 in 4 rostering arrangement. The purpose of the on call is to report to emergency situations that requires a craft worker to attend the premises and make safe or repair the logged emergency. The number of calls received and the duration of same while on call can vary and this can impact on the Workers rest period. The Union sought locally to engage with the Employer to ensure the Workers got their full rest period following callout, but no progress was made. The issue was referred to the Conciliation services of the WRC and ultimately the Court.   The Union in their submission indicated that they firmly believe that the minimum rest periods as outlined in the Organisation of Working Time Act apply to their members and that their members do not fall within the scope of the exemptions provided for under the 1998 regulations. The Union requested that the Court find in favour of their members and ensures that the minimum rest periods and legal entitlements as per section 11 of the Organisation of Working Time Act 1997 is applied.

The Employer submitted that as a hospital they are entitled to rely on the derogations in the Organisation of Working Time Act and that they provide compensatory rest breaks to Workers as required. This position has been made clear through local engagement and national engagement with craft Workers on wider on call issues. It is the Employers position that they are in compliance with the WRC Code of Practice on Compensatory Rest which specifically references maintenance staff. The work of the on-call trade staff responding to urgent faults with electricity, water, heating, and other essential infrastructure is essential in a hospital which operates a 24/7 service.

 The Employer stated that it is engaged at national level with Craft Unions regarding on call nationally and a Conciliation conference is scheduled for 7 January 2026 as no national agreement currently exists and therefore it would not be appropriate to address this issue as a standalone issue.

The Court in the course of the hearing reminded the parties that the referral to it was under the Industrial Relations Act and that in such a case it is not open to the Court to make findings that the interpretation of, or application of, a different statute is right or wrong.  That can only be done in the method provided for by that piece of legislation, which in this case is not an Industrial Relations referral to the Labour Court. 

The Court notes that the parties are meeting at Conciliation under the auspices of the WRC early in the New Year to look at on-call arrangements on a national basis and believes that is the appropriate forum for any differences to be addressed.

The Court so recommends.

	Signed on behalf of the Labour Court
	Louise O'Donnell
AL	______________________
18 December 2025	Deputy Chairman

NOTE

Enquiries concerning this Recommendation should be in writing and addressed to Ms Amy Leonard, Court Secretary.

should be addressed to [SECRETARY], Court Secretary.