Labour Court upholds waiter’s appeal over two unpaid public holidays

The Labour Court upheld Lukasz Kowalik’s appeal and recommended that Vincent Power Trading As Stable Diet Cafe pay him €160 for two unpaid public holidays. The Court determined the appeal on 12 April 2011. The employer accepted that the holidays had not been paid but argued that the amount should be offset against annual leave Kowalik had taken beyond his entitlement. The Court found there was no arrangement to substitute annual leave for the holidays. Kowalik had accepted the Rights Commissioner’s decision on his separate section 19 complaint and appealed the section 21 decision.