WRC orders Bally'duff takeaway to pay €155k to employee
A Chinese national working in a Ballyjamesduff take away has been awarded almost €155k from his employer
AN EMPLOYEE who worked over 70 hours a week in a Ballyjamesduff takeaway but often only €60 left fromhis wages after paying back his employer, has been awarded almost €155,000 at the Workplace Relations Commission.
Chinese national, Xiofeng Gao, moved to Ireland in 2022 after asking Ming Gao for a job at his restaurant on Main Street, Ballyjamesduff, which operates as both Lam’s Asian Cuisine and Eskimo Pizza.
The men’s mothers know each other in China and Ming Gao said he would give the man a job provided he pay a recruitment fee of around €30,600.
Xiofeng Gao then moved to Ireland where he was to be employed for 39 hours a week and paid €14.79 an hour. He was also provided with accommodation. Ming Gao held his passport.
Xiuquin Wu, Ming Gao’s wife, represented the company at the WRC hearing.
She said Xiaofeng Gao was treated well, worked the hours agreed and took regular breaks.
The boss’ wife said during his employment, he borrowed money and he had debts back in China.
Xiaofeng Gao, who was represented by the Migrant Rights Centre Ireland (MRCI) said he was often required to repay substantial portions of his wages to Xiuquin Wu.
He provided evidence of a payment of about €10,000 made to the mother of Ming Gao in China, all of which, he said, related to the €30,000 recruitment fee.
He told the hearing he was often left with just €60 after paying back most of his wages to settle the debt of more than €30,000 related to his recruitment and provision of an Irish work permit.
Such fees are prohibited under the rules of the permit scheme.
After hearing evidence from both parties, the Workplace Relations Commission awarded Xiofeng Gao compensation of €154,828.
The total included €43,582,.42 for underpayment of wages, €60,000 for discrimination and €21,022.52 for breaches of national minimum wage legislation.
He also received payments for inadequate breaks, lack of holidays and failure to pay premiums for Sunday and public holidays worked.
An Garda Síochána had returned Xiofeng Gao’s passport to him previously.