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Chef in Kerry awarded over 23,000 euro for employment rights breaches

Sep 24, 2024 17:46 By radiokerrynews
Chef in Kerry awarded over 23,000 euro for employment rights breaches
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A Kerry restaurant worker has been awarded over 23,000 euro (€23,130) for employment rights breaches.

Suman Bhurtel, originally from Nepal, worked as a chef de partie at Chicken Club on the Main Street of Castleisland for several years up to 2024.

The Workplace Relations Commission found he was vulnerable because he was dependent on his employer for his visa, employment, accommodation and family reunification.

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A representative for Chicken Club told Radio Kerry News that he intends to appeal the WRC's decision.

Mr Bhurtel sought advice from the Migrant Rights Centre Ireland following the end of his employment, after which he submitted his complaints to the Workplace Relations Commission.

Úna Glazier-Farmer adjudicated the matter for the WRC, Mr Bhurtel was represented by Migrant Rights Centre Ireland, while Chicken Castle Limited T/A Chicken Club was represented by company secretary and supervisor Satwinder Singh.

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The WRC determined Mr Bhurtel's claim that he worked 70 hours per week, violating the 48-hour limit, and earned just 8.24 euro per hour, despite the minimum wage being €11.30, to be "well founded".

The commission also found Mr Bhurtel regularly worked Sundays and public holidays without proper compensation.

It was his evidence he worked a total of 92 Sundays, however only 24 were within the period eligible for consideration by the WRC.

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During one period he worked 48 days without a day off.

He also gave evidence of having received no annual leave in 2020 or 2021, but this too was outside the period for consideration.

The commission said his claims to be due paid annual leave, and not to have received the required weekly 24-consecutive-hour rest period were also  "well founded"..

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Mr Singh on behalf of Chicken Club denied the claims, however, according to the WRC, he did not provide any documentary evidence such as rosters or clocking times.

Mr Bhurtel was awarded €23,130  in total compensation, including for the underpayment of the minimum wage, Sunday premiums, public holidays and annual leave.

Mr Satwinder Singh told Radio Kerry News that he intends to appeal the WRC's decision.

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