An 'exploited' migrant worker from India with no English alleged to have been paid an effective hourly rate of €1.61 has been awarded a cumulative €79,214 compensation by a State workplace watchdog.
In the case at the Workplace Relations Commission (WRC), Adjudicator Brian Dalton ordered restaurant operator, Madhu Foods Limited trading as Guru Indian Cuisine of Park Street, Townlands, Dundalk, to pay Vasantkumar Barot €79,214 for a series of workplace legislation breaches.
Mr Barot was represented in the case by Sylwia Nowakowska of Migrant Rights Centre Ireland (MRCI) and at WRC hearing, Mr Barot in sworn evidence alleged that the restaurant firm, misled him, received close to €15,000 from him to pay for a work permit, was told he would work as a Commis Chef for 40 hours a week and earn about €570 a week.
Mr Barot borrowed funds from his family and friends to pay for the work permit and arrived in Ireland in mid-March 2023.
Mr Barot alleged that he was directed to work on a farm owned by the restaurant firm from early in the morning and then would be told to work at one of the restaurants controlled by the firm.
However, Mr Barot alleged that he worked on average more than 90 hours a week and received irregular payments from his employer in cash or by electronic funds transfer in amounts ranging from €1,000 to €99.
Mr Barot alleged that he received €11,600 in total between 14 March 2023 and l 26 March 2024 and his average gross rate per hour, it is alleged, was €2.96 in 2023 and €1.61 in 2024.
There was no appearance by the restaurant firm at the WRC hearing to rebut any of the allegations made and Mr Barot alleged that he was exploited in a most egregious manner by his employer.
Mr Barot alleged that he paid his employer a large sum of money that he had to borrow on the promise that he would have a good job. He was then led to believe that he continued to owe his employer money based on the false assertions that the work permit payments were far greater than they actually are and that he had to pay for that permit.
Mr Barot said that the oppressive conditions endured by him led to him running away "from what amounted to economic slavery, distressed and fearful about his future".
In his findings, Mr Dalton states ordered that the company pay Mr Barot €24,500 compensation for breaching the National Minimum Wage Act after Mr Barot alleged that he worked above 90 hours a week.
Mr Dalton said there are no records to support that 90-hour claim other than oral evidence and the employer carries the burden to keep records.
He said that Mr Barot also must have some evidential obligation and at minimum that should be some corroborating facts.
Mr Dalton said that while the employee gave credible evidence that he worked long hours, with an average weekly well more than 48 hours, in the absence of any records "and noting the employer’s obligation to keeps records, I have decided that the claim for minimum wage is assessed on the statutory maximum of 48 hours per week".
In his findings, Mr Dalton stated that there is no question that Mr Barot was exploited.
Mr Dalton awarded €15,000 compensation concerning Mr Barot’s excessive working hours claim; €10,000 for not receiving rest periods between shifts and €15,000 for harassment on the grounds of race.
Mr Dalton states that the making the €15,000 award for the act of harassment on the grounds of race "and to the fact that it was most egregious".
Commenting on the outcome, Neil Bruton, Director at the Migrant Rights Centre Ireland, said: "This decision is a significant recognition of the severe exploitation that Vasantkumar endured. He came to Ireland with hope for a better future and instead was subjected to what we described as 'economic slavery'. We are glad that the WRC has taken these breaches seriously and made substantial awards."
Mr Bruton said: "Cases like this are not isolated. Migrant workers on employment permits are among the most vulnerable people in the Irish labour market. When a worker's right to remain in the country is tied entirely to one employer, the potential for exploitation is enormous.
He added: "We call on the State to make it easier for a worker to change employer, ensure that enforcement mechanisms are robust, that workers know their rights, and that employers who engage in such egregious exploitation face meaningful consequences."
Reporting by Gordon Deegan
