Restaurant employee's €23,000 compensation revoked due to late submission of complaint in Nepal
In a landmark decision last year, the Workplace Relations Commission (WRC) awarded Suman Bhurtel, a Nepalese restaurant worker, over €23,000 in compensation. Bhurtel worked at Chicken Castle Ltd's Chicken Club on Main Street, Castleisland, Co Kerry.
The dispute arose due to various breaches of Bhurtel's rights, including unpaid premiums for working on Sundays and public holidays, excessive working hours, and non-payment of statutory minimum wage. Adjudicator Úna Glazier-Farmer found that the employer took advantage of Bhurtel's situation of total dependency.
According to the findings, Bhurtel was paid an average hourly wage of €8.24, significantly less than the wage set out in his contract. He worked 92 Sundays and various public holidays without receiving any premium payments. His working weeks averaged 70 hours, and he did not get to take adequate breaks when at work.
Bhurtel's contract suggested he would receive €30,000 a year for a 39-hour week. However, he did not take any annual leave in 2020 or 2021, and the employer paid him in cash for his annual leave. Bhurtel also did not receive the days off he was due.
The adjudicator extended her jurisdiction beyond the usual six-month limit to 12 months due to Bhurtel's dependency on his employer for work permit and accommodation. There was a question over the commission's jurisdiction to hear the case due to the delay in making the original complaints.
The awards for breaches of Bhurtel's rights in relation to rest periods, annual leave, the National Minimum Wages Act, and the Working Time Act were €6,655.50, €4,538.80, €3,244.50, and €5,496.75 respectively. The total award given to Bhurtel was €23,130.94.
However, the Labour Court later overturned the award, finding all awards to be statute barred. The date of Bhurtel's departure from the job was disputed by the two sides, and the current whereabouts of Bhurtel after his dispute with Chicken Castle Ltd are not publicly known.
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