Nepalese worker awarded over €23k after employment law breaches

WRC Work Relations Commission

24 September 2024

A former restaurant worker in Co Kerry has been awarded over €23,000 by the Workplace Relations Commission (WRC) for breaches of minimum wage and working time laws.

Suman Bhurtel, who is originally from Nepal and was working with an employment permit, was represented at the WRC by the Migrant Rights Centre Ireland (MRCI).

The former chef de partie at Chicken Club Castleisland complained that he was 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.

The adjudication officer found that the complaints were well founded and awarded Mr Bhurtel a sum of €23,130.

Neil Bruton, co-director of MRCI, said: “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. 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 per cent 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 two years, compared to 21 per cent who disagree.”

He added: “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.”

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