WRC: Fireman's claim of working 24/7, 52 weeks of the year 'absurd'

The Workplace Relations Commission (WRC) has described a retained firefighter’s claim that he works 24/7, 52 weeks of the year as “absurd”.

WRC adjudication officer Eugene Hanly made the finding when dismissing a retained firefighter’s claim for compensation over multiple alleged breaches of the Organisation of Working Time Act concerning being on call.

Retained firefighters make up about 70% of the fire service, with full-time firefighters working in major cities.

Around 2,060 retained firefighters are employed in 202 fire stations.

In his findings, Mr Hanly stated: “I find that for the complainant to say they work 24 hours a day, seven days a week, and 52 weeks of the year is absurd.

“I find that no legislation was ever enacted to bring about an absurdity.”

The complainant has worked as a retained firefighter since 2005 and he told the WRC that due to the requirement to be within five minutes of the local fire station for callouts, his ability to participate in any social or personal interests is significantly restricted.

He also claimed that he cannot engage in his own interests or hobbies if they are further than five minutes away from his house and that he is unable to visit his mother in a nearby nursing home as it would take him outside the turnout response time.

The man works as a taxi driver and states that at all times he must refuse work which may take him outside the five-minute turnout time and at all times that he must turn down invitations to family or friends’ celebrations that are outside of the turnout time.

The retained firefighter said that he does not receive any pay for being on call. However, he receives an annual retainer fee of €10,383.

The firefighter also receives the following hourly rates of remuneration if he is called into the fire station: Drill — €19.86; day: first hour — €39.72; subsequent hours — €19.86; night and weekends: first hour — €79.43, subsequent hours — €39.72.

Dismissing the firefighter’s claim for compensation, Mr Hanly found that there is no absolute requirement for the complainant to attend call outs.

Mr Hanly also found that retained firefighters may excuse themselves for certain commitments throughout the year as there is a determined minimum level of cover required.

Mr Hanly said the complainant is on a contract to be available and is not in continuous employment. He ruled that the complaint was not well founded.