Wexford company ordered to return illegally-deducted work permit 'fees' to Polish drivers.
A Rights Commissioner has told a Wexford transport company to repay €2,000 illegally deducted from the wages of five former employees.
The five Polish drivers were also awarded outstanding holiday pay and wages of more than €3,000 in total against their former employer, Nolan Transport.
The five were among a group of about 10 drivers who complained to the Polish embassy earlier this year that work permit "fees" were being deducted from their wages by the company.
They also claimed they were not given sufficient rest periods and that one employee was sacked and not allowed to retrieve his personal belongings after he asked a union, SIPTU, for assistance.
The embassy contacted SIPTU and the Department of Enterprise, Trade and Employment, which began an investigation. Its labour inspectorate informed the embassy in writing last month that this investigation was continuing. Nolan Transport contested the case taken to the Rights Commissioner by SIPTU on behalf of the five drivers, Mr Pavel Goral, Mr Norbert Paszkiewicz, Mr Krzysztof Kusmierz, Mr Stefan Laskowski and Mr Marek Ryczan.
However, the commissioner found in favour of all five applicants, awarding each €400 for payments unlawfully deducted in respect of their work permits. It also awarded Mr Goral, who was employed by the company from April 25th last year until March 26th, 2003, €332.65 in respect of holiday pay and €532.24 in outstanding wages. Mr Paszkiewicz was awarded €332.65 in holiday pay and €332.65 in wages. Mr Kusmierz's claim for holiday pay was disallowed, but he was awarded €332.65 in outstanding wages.
Mr Laskowski was awarded holiday pay of €665 and €332.65 in wages, while Mr Ryczan was awarded the same amount in wages, but had his claim for holiday pay disallowed.
The Rights Commissioner, Mr Tony Bregazzi, heard the cases in October and issued his findings at the end of last month.
Asked to comment yesterday, Nolan Transport said somebody would telephone back. The call was still awaited last night. In its original complaint to the Department, the embassy said the company employed nearly 90 Polish drivers. Department figures show it has employed 96 on work permits to date this year.
