The Labour Court raised Jaroslaw Wlodarczyk’s award to €2,750 after allowing his appeal over unpaid annual leave and public holiday entitlements. The determination was dated 9 April 2009, replacing the Rights Commissioner’s €1,100 award, which the Court found inadequate.
Wlodarczyk said he had taken annual leave without pay and received no benefit for three public holidays. His claim valued withheld holiday pay at €2,077.11 for annual leave and €339.75 for public holidays. T J & M A Construction Limited did not attend the appeal hearing or send a submission.
The Court assessed his economic loss at €2,416.86 and added €333.14 for the infringement of his rights under the Organisation of Working Time Act 1997. It varied the earlier decision and substituted compensation of €2,750.