WRC awards Marcin Gabryszak €1,600 in mixed employment case

The Workplace Relations Commission awarded Marcin Gabryszak €1,600 for an annual leave complaint against Event Transport Ireland Ltd, in a decision dated 7 June 2023. It also upheld complaints over an unlawful wage deduction, public holiday pay, statutory records and notice of working hours. Gabryszak said he was employed by the company, which argued he was a contractor. The WRC treated him as an employee. He said he had not received annual leave entitlement, pay for public holidays he worked or proper working-hours information. It also upheld his complaint that €200 had been unlawfully deducted from his wages. The WRC found he was entitled to 8.5 days’ annual leave and awarded €1,600, and awarded €640 for three public holidays and €800 for the employer’s failure to keep statutory records. His working-hours complaint was also well founded. The WRC found his notice and core terms complaints not well founded, and his complaint about a payslip offence was outside the adjudicator’s remit. It concluded he could not use the Unfair Dismissals Act because he had less than 12 months’ service and had not credibly established a protected disclosure. The WRC found he had resigned.