Labour Court finds painter entitled to construction agreement rates

The Labour Court found Bartosz Nowicki was a Construction Operative entitled to the rates of pay and employment conditions in the Construction Industry Registered Agreement. The decision was signed on 4 August 2010. Nowicki 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 Nowicki’s request came more than two years after his employment ended and that the delay put the company at a disadvantage. Nowicki had sought an interpretation of the agreement, while his former employer disputed his entitlement to request one.