A Chinese national who worked up to 73 hours a week at a Co Cavan takeaway but routinely had to “repay” almost all his wages has been awarded €154,828.
Xiaofeng Gao told a Workplace Relations Commission (WRC) hearing in April how he worked between six and seven days a week.
But he was often left with just €60 after paying back most of his wages to settle a 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.
RM Block
WRC adjudication officer Shay Henry awarded him compensation for breaches of various pieces of legislation including the Payment of Wages Act and the Employment Equality Act.
The total included €43,582.48 for underpayment of wages, €60,000 for discrimination and €21,922.52 for breaches for of National Minimum Wage legislation.
Other payments included sums for inadequate breaks, lack of holidays and a failure to pay Sunday or public holiday premiums.
Xiaofeng Gao, who was represented by the Migrant Rights Centre Ireland (MRCI) at the proceedings, 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 mothers of the two men knew each other, and Xiaofeng Gao said he was offered the job on condition he paid about €30,600 as a recruitment fee.
He subsequently moved to Ireland where he was to be employed from the start of August 2022, working 39 hours a week for €14.79 an hour.
He was also to be provided with accommodation at the address, but his English was poor, he said, and his terms were not set out for him in his own language.
He was initially employed directly by Ming Gao and later by Eskimo Gao Ming Ltd. 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.
But, she said, he borrowed money and had debts back in China which her husband’s family helped him to deal with.
Xiaofeng Gao said he was often required to repay substantial portions of his wages to Xiuquin Wu and 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 said he felt intimidated during his time at the restaurant and did not leave until the start of August last year in part because Ming Gao was holding his passport.
It was subsequently returned after the intervention of a member of An Garda Síochána.
In his decision, Mr Henry said he found the accumulation of facts presented to him by the complainant “persuasive” and he described the discrimination aspect of the case was “very serious”.
Reacting to the decision, Sylwia Nowakowska, MRCI workplace rights co-ordinator, said more must be done to protect workers in the employment permit system from going through what had happened to Xiaofeng Gao.
“Workers need to be more clearly and proactively communicated with in their own language about their labour rights and about the permit system,” she said.
“Currently permit holders’ ability to change jobs is severely restricted for five full years. MRCI is calling for that to be reduced to two years. This would enable workers to better stand up for themselves at work and to leave exploitative employment like this much more easily if they need to.
“We’d also like to see much more substantial deterrents for employers who severely exploit their workers, including criminal charges and a ban from applying for future permits.”
