The Labour Court set aside the Rights Commissioner’s decision and directed Westside Formwork Limited to pay Darius Pozingis €476.16 for outstanding annual leave. The determination was signed on 17 January 2011. Pozingis’s claim had failed for lack of prosecution after he did not attend the Rights Commissioner’s hearing. He also did not attend the Labour Court appeal hearing, and his solicitor accepted that the appeal could not proceed; the merits of the appeal were not decided. The employer accepted that four days’ holiday pay was due, and the Court ordered payment of the agreed sum.