The Labour Court overturned a €750 annual-leave award to Robert Stachniuk on employer Peadar Hannon’s appeal, setting aside the Rights Commissioner’s decision. The determination was signed on 3 April 2012.
Stachniuk had complained that he was owed one week of holiday pay when his employment as a construction operative and plasterer ended in November 2009. The Rights Commissioner upheld his complaint and awarded €750. Hannon, represented by ARRA HRD Limited, argued that his records showed Stachniuk had been paid for 14 days’ leave, including leave during the construction industry shutdown and for the Good Friday and Easter holidays. Stachniuk, represented by Polish Consultancy Enterprise, argued that the records were unreliable and not in the required format.
The Court found that both sides accepted Stachniuk had accrued 14 days’ leave in 2009. Hannon presented records purporting to show payment for those days. Stachniuk did not attend to give evidence. Relying on Hannon’s uncontested evidence and the records, the Court upheld the appeal and set aside the earlier decision.