Mark Maloney v Health Service Executive [2024]
Decision Number: ADJ-00044081 Legal Body: Workplace Relations Commission
Published on: 21/03/2024
Article Authors The main content of this article was provided by the following authors.
Paul D Maier BL Barrister
Paul D Maier BL Barrister
Paul maier

Paul D Maier is a barrister specialising in the law of work, labour, and employment. Based in Dublin, Ireland, he is a member of the Law Library, having been called to the Bar in 2022.

Paul represents both employers and employees at all levels of the Courts, as well as before the Labour Court and the Workplace Relations Commission. He is a qualified arbitrator and is frequently commissioned to lead independent investigations and disciplinary procedures for organisations. Additionally, he is regularly engaged to provide legal advice and opinions on employment law and related matters.

Paul serves as the Editor of the Irish Employment Law Journal and Employment Law Report, and he is the Treasurer of the Employment Bar Association.

Background

Background:

The Complainant is a plumber for the Respondent, and was on-call for seven days in October 2022. Included in those days was the October public holiday. This on-call arrangement required the Complainant to be available to attend the workplace during this period if required, but did not require the Complainant to remain on the Respondent’s premises or engage in activity on behalf of the Respondent if not called upon. The Complainant accepted that he was not required to work on the public holiday, and that he received a day’s pay in respect of that public holiday despite not having been required to work on it. He also acknowledged that he received a €210 on-call allowance for being on-call

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 21/03/2024
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