A Nepalese immigrant worker in Ireland has been awarded over €23,000 in compensation, following a Work Relations Commission (WRC) ruling. The worker, named Suman Bhurtel, was employed at a fast-food restaurant in Co Kerry, Chicken Castle Ltd (also known as the Chicken Club). He worked an overly long 70-hour-week, for less than the minimum wage.
Bhurtel was receiving just €8.24 per hour as an average wage, far less than his stipulated contract wage as well as the statutory minimum wage of €11.30. As a Chef De Partie, he was underpaid by €6.52 per hour, according to his employment agreement.
The WRC hearing, overseen by official Úna Glazier-Farmer, found five violations of the Organisation of Working Time Act 1997 on the part of Chicken Castle and also a breach of the National Minimum Wage Act 2000. The company is owned by Portuguese national Surat Singh, with the company secretary, Satwinder Singh, also based in Castleisland, Co Kerry.
Represented by Migrant Rights Centre of Ireland (MRCI), Bhurtel disclosed his challenging working conditions at the hearing. He stated having begun his work in Castleisland in October 2020 but was denied any annual leave for that year and the next. While he did take leave from October 25th to December 7th, 2022 to travel to Nepal, he received no payment during this period. His testimony also revealed a grueling schedule with infrequent days off and a period in 2023 where he worked for 48 days straight.
Mr Singh reported that Mr Bhurtel was regularly appointed for 39 hours each week, not including Sundays, receiving an annual payment of €30,000. Mr Bhurtel’s annual leave in October 2022 coincided with an empty company account, leading to an agreed payment of €4,490 in cash in March 2023, which was deposited into his bank account.
The adjudicator deemed Mr Bhurtel justified to file a belated complaint with the WRC due to his employment, immigration visa, and accommodation, all relying on his job at Castle Chicken, making him susceptible. His ongoing family unification process further increased his dependency on his employer.
The adjudicator acknowledged when Mr Bhurtel’s employment ended, he reached out to Migrant Rights Centre Ireland (MRCI) for guidance in February of the current year. She noted and accepted the evidence of his workplace hours, usually from 2pm till midnight, without weekly rest days. She was convinced that the common working week duration for the complainant exceeded 70 hours based on the presented evidence.
Neil Bruton, Co-Director at MRCI, commented on the case stating it wasn’t shocking that non-EU employees on employment permits still experienced exploitation. He pointed out the difficulty for permit holders to switch jobs due to the employers’ knowledge of this limitation, making it very difficult for workers to defend their rights. He criticised the requirement for workers to remain in the employment permit scheme for five years before gaining the freedom to work without a permit as excessively long.