A takeaway owner, who tried to bribe an official when he was caught hiring workers with no employment permits, has been fined €2,250.
Viet Thang Dam, trading as New Century, of Prospect Road, Glasnevin, Dublin 9, was spared jail after he pleaded guilty to four charges of breaching the Employment Permits Act.
The 41-year-old business man, who is originally from Vietnam, was prosecuted at Dublin District Court following an investigation by an inspector from the Department of Jobs, Enterprise and Innovation.
Inspector Derek Molloy told Judge John O’Neill he visited Dam’s premises in November 2013 and found a Vietnamese worker who was trying to renew his employment permit, which had already expired.
On May 1st, last year, the inspector called Dam and made more enquires but was told the employee no longer worker there.
Mr Molloy carried out another inspection in June 2013 and found the same man and another Vietnamese worker employed at the takeaway without permission. In October last year one of them was again found to be still working there.
Mr Molloy subsequently interviewed Dam and told him he could be facing prosecution. Dam asked the inspector if he would like some of his takings , “to make this go away”.
Dam admitted he hired two employees, who did not have work permits, and the offer he made to the inspector led to an additional charge for obstructing the investigation.
Judge O’Neill heard that the father-of-three has been in business 14 years, worked seven days a week and gave employment to his wife as well as six other part-time workers.
He accepted responsibility for employing the workers who needed work permits, However, he had been trying to help one of them, who had a family to support, his barrister said.
He is now fully compliant with employment legislation. He also knew that his offer to the Department’s inspector was unacceptable; it was knee jerk reaction, the lawyer also said. The judge was also asked to note that Dam’s business has declined by about 60 per cent.
The charges can each result in fines of up to €4,000 and, or a 12-month sentence.
Sparing him a sentence Judge O’Neill took into consideration Dam’s guilty plea, the length of time he has been in business and the circumstances of the offences. However, he imposing the fines, totalling €2,250, saying he was concerned that the same individual was found working in Dam’s business twice.
He said Dam, who has no previous convictions, would be jailed for two weeks if the fine was not paid.