Labour Court finds painter entitled to construction agreement rates

The Labour Court found Damian Barczak was a Construction Operative entitled to the rates of pay and employment conditions in the Construction Industry Registered Agreement. The decision was signed on 30 July 2010. Barczak worked as a painter on building sites in the greater Dublin area for John Patrick Malone, Seamus Martin Malone and Paul James Malone, trading as Prokote Painting. The Court found the company’s principal business was contracted painting and decorating, making it a building firm under the agreement. The employer argued that Barczak’s request came more than three years after his employment ended and that the delay put the company at a disadvantage. Barczak had sought an interpretation of the agreement, while his former employer disputed his entitlement to request one.