Labour Court allows Michael Moriarity’s appeal and awards €1,350

The Labour Court allowed Michael Moriarity’s appeal and directed Cementation Skanska (Formerly Kvaerner Cementation) Limited to pay him €1,350 compensation for unpaid annual leave and public holidays. In a determination dated 28 October 2003, it set aside the Rights Commissioner’s decision that his complaint was out of time. Moriarity said he delayed making a claim because he understood a colleague’s test case would settle the issue for the workforce. The Court found some managers had conveyed that view and that the resulting confusion reasonably explained the delay. It also found the employer had not been prejudiced. The Court found Moriarity was entitled to redress for two days’ pay for untaken leave on termination and for the loss of 17.5 days’ annual leave in the previous leave year. It found his complaint well founded and assessed compensation at €1,350.