The Labour Court overturned a €6,000 award to plasterer Laurence Gardiner on Martin Earley’s appeal. The determination was dated 20 October 2005.
Gardiner said he worked for Earley from November 2000 to December 2003 and was owed annual leave and public holiday entitlements. Earley said Gardiner worked for a subcontractor, and that he himself had been employed by another company until December 2001. The employer side submitted an affidavit stating Gardiner worked for a third party; Gardiner disputed it.
The Court said it could not establish that a genuine employer-employee relationship existed during the claimed period. It overturned the Rights Commissioner’s decision, which had recommended that Earley pay Gardiner €6,000.