24/09/2024
Restaurant worker awarded over €23K for gross breaches of his employment rights.
Cases of exploitation of work permit holders growing.
A worker previously employed at a restaurant in Castleisland, Co. Kerry has been awarded a total of €23,130 by an Adjudication Officer for numerous breaches of his employment rights as notified in a decision published today by the Workplace Relations Commission (WRC).
Mr. Suman Bhurtel originally from Nepal was working with an employment permit as a Chef De Partie with Chicken Castle Limited T/A Chicken Club, Main Street, Castleisland, Co. Kerry. Mr Bhurtel reported working 70-hour weeks and during one period worked 48 days without a day off. He also reported payment of wages below the legal minimum along with several other violations of his basic employment rights and entitlements (see link to copy of full WRC decision ADJ-00050788 below).
Mr. Bhurtel was represented at the WRC by the Migrant Rights Centre Ireland.
According to Neil Bruton, MRCI’s Co-Director,
“It’s not a surprise that people from outside the EU with employment permits continue to face this type of exploitation. It is very challenging for people on permits to change jobs. Employers know this, which makes it very hard for workers to stand up for their rights. Requiring workers to stay in the employment permit system for a five-year period before they have the freedom to work without a permit is far too long.”
Mr Bruton continued,
“The sooner people can move out of the permit system the less the chances are of seeing this type of mistreatment. We think reducing the period required on a permit from five years to two years is fairer and the majority of the general public agrees. A recent independent poll carried out with Ireland Thinks during the month of July indicated that 66% of people agree that ‘People from outside the EU, recruited to work in Ireland through the work permit system should have freedom to change to any job after 2 years (Compared to 21% who disagree).
Mr Bruton concluded,
“We commend the courage of Mr. Bhurtel in coming forward in a very difficult circumstances and raising his complaint. It’s not an easy thing to do. We hope that the award in his favour will encourage others in similar situations to come forward and stand up against exploitation.”
Notes to editor:
- Workplace Relations Commission Adjudication Officer Decision, Adjudication Reference: ADJ-00050788 can be found at:
https://www.workplacerelations.ie/en/cases/2024/september/adj-00050788.html
- Link to Poll Results: https://www.mrci.ie/2024/08/27/polling-results-2024/
