The Workplace Relations Commission awarded painter Hada Bazil €18,000 after finding that his employer, Marluc Ltd Baltic Interiors, breached construction sector pay rules. It also found he was unfairly dismissed and awarded €2,465.50 compensation for that complaint. The decision was dated 29 March 2023.
Bazil had asked to be paid the rate set for his trade under the Construction Sector Employment Order. The company disputed that he qualified as a craftsperson. The WRC found he was a skilled craftsperson and that Marluc knowingly paid him €14.50 an hour when the prescribed rates were €19.44 and €19.96 an hour. The officer described the noncompliance as significant and said Bazil had repeatedly asked for the lawful rate.
The WRC also found the dismissal process unfair, citing a one-sided investigation, a lack of a fair chance to answer the allegations and a disproportionate sanction. Marluc had dismissed Bazil for gross misconduct after he worked during a quarantine period following travel to Romania; Bazil said his supervisor asked him to work and told him it was safe because he would be alone. His compensation for unfair dismissal was limited because he had been sick and unavailable for work for a significant period.
The officer said six months’ salary was just and equitable for the pay breach, referring to average earnings of €32,000. The two compensation awards were for separate complaints.