Chinese chef awarded €154k for gross breaches of his employment rights - Irish Legal News
A chef from China has been awarded over 154,000 by the Workplace Relations Commission (WRC) following serious breaches of his employment rights while working for a restaurant in Cavan.
The Migrant Rights Centre Ireland (MRCI) represented Xiaofeng Gao in his case against Ming Gao (later Eskimo Gao Ming Limited) in Ballyjamesduff, Co Cavan, where he was employed from 2022 to 2024.
Among the findings in a ruling published by the WRC on Friday was that the chef had been paid below the minimum wage, with a total underpayment of 65,505.
He was forced to work for excessive hours far beyond the legal maximum of 48 hours per week, generally working six to seven days per week and averaging 63 to 73 hours per week.
He worked 105 Sundays without proper compensation and had no annual leave or public holiday pay.
He also did not receive mandated rest breaks or weekly rest periods.
He was also found to have suffered racial discrimination and exploitation, linked to his vulnerability due to the restrictive nature of his employment permit and a lack of information on his rights.
Mr Gao came to Ireland on an employment permit in July 2022. He was illegally forced to pay 30,000 to his employer as a charge for providing the employment permit.
As the holder of an employment permit, he was not able to quit his job and work for another Irish employer.
He was completely dependent on his employer for his accommodation, immigration status and livelihood in Ireland, and had little to no English and...
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