A migrant chef with no English was put to work for about €25 a day at a Chinese takeaway while working up to 73 hours a week to pay off an “illegal” €60,000 debt he took on as a “recruitment fee”, a tribunal has been told.
The worker, Xiaofeng Gao, said he was “so afraid” of his boss that he did as he was told and never questioned his working hours.
His employment permit had stated he was meant to be getting €16.76 an hour to work as a chef de partie, the Workplace Relations Commission was told.
Mr Xiaofeng was actually receiving just €150 a week for six days’ work — and €60 extra when he was required to work the seventh day as well, his advocate said.
He is now seeking nearly €200,000 in back pay and compensation for multiple alleged breaches of his employment rights by the operator of Eskimo Pizza at Main Street, Ballyjamesduff, Co Cavan, between August 1st, 2022, and August 7th, 2024.
There was no appearance by the company operating the takeaway, Eskimo Gao Ming Ltd, or its director, before a remote hearing on Tuesday.
Pretty Ndawo, a Migrant Rights Centre of Ireland advocate acting for the worker, told the Workplace Relations Commission (WRC) on Tuesday that Mr Xiaofeng came to Ireland in July 2022 after signing a promissory note in China agreeing to pay off a “recruitment fee” worth approximately €60,000 to a businessman, Ming Gao.
The claimant took on the debt and agreed to make payments to Ming Gao in the belief that this was a “part of the visa requirements” to come to Ireland and work, Ms Ndawo said.
She said this was “a violation of the Employment Permits Act”.
Giving evidence via a WRC-appointed interpreter, the worker said he lived above the restaurant during his employment. He stated that he was paid €150 a week, sometimes by cash, sometimes by bank transfer. His normal working hours were from 2pm to midnight between Monday and Thursday and from 2pm to 1am on Friday and Saturday nights, the tribunal was told.
The worker’s evidence was that his employer took his passport in November 2023. Only with the later intervention of gardaí was the document returned, Mr Xiaofeng added.
Closing the hearing, adjudicator Shay Henry said there had been “some indication from the respondent that they were unaware of the proceedings”.
He said Ms Ndawo should advise her client that “he can’t assume it’s over at this point in time” as the tribunal would have to consider “whatever excuse or reason” was put forward by the employer.
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