Employment update - recent Workplace Relations Commission award highlights importance of employee rights

In a noteworthy decision highlighting the critical importance of employee rights, the Irish Workplace Relations Commission (the "WRC") awarded €143,268.00 in the case of Sharanjeet Kaur v Bombay Bhappa Limited t/a Bombay House. This significant award has been regarded as the largest the Migrant Rights Centre Ireland has seen in a decade. This case not only exposes the vulnerabilities faced by workers, particularly migrants, it serves as a reminder of the WRC's role in enforcing fair employment practices.

Background

This case, brought by Indian national Ms Kaur against her former employer Bombay House included allegations of discrimination, harassment, and sexual harassment. Ms Kaur began working for Bombay House in 2021 after being approached by another Indian national in Malaysia. She accepted the work opportunity on the pretence of a life-changing experience working as a "Chef de Partie" earning €30,000 per year, provided that she financed the cost of her flights and work permit at a cost of €17,000. Ms Kaur's father took out a loan for the permit costs and the Respondent's director travelled to India to collect the fees prior to Ms Kaur travelling to Ireland in September 2021. Ms Kaur's accommodation was with one female and six male employees. Ms Kaur was summarily dismissed in November 2022. Additionally, a member of An Garda Siochana provided evidence of a potential risk of human trafficking in this case, a criminal investigation into the matter is ongoing.

The Respondent failed to present any evidence as they took issue with the presence of the Gardaí and withdrew from the hearing despite being on notice.

The case

The two tables below outline the Complainant's case and the Adjudicator's decisions. 

The following decisions related to the Organisation of Working Time Act 1977: 

The following decisions related to other relevant legislation and the adjudicator's decisions in this case: 

Key takeaways

One key significance of this case stems from the continuing pattern of considerable awards conferred by the WRC in recent years. In 2022, the WRC awarded €329,199 and earlier this year a record-setting €464,000 was handed down, both concerning unfair dismissal cases. These decisions highlight the importance of adherence to fair and lawful procedures when dismissing employees. Employers should afford their employee's the right to appeal the decision to dismiss whilst also providing adequate notice for same. The most effective way to implement this is with an up-to-date Disciplinary Policy. Pursuant to the Unfair Dismissals Act 1997, the WRC can award up to 104 weeks remuneration to an employee in relation to their financial losses  attributable to the dismissal.

This case also serves as a reminder regarding migrant workers' rights. An employer must bear responsibility to ensure all employees are treated equally, regardless of their migrant status or otherwise. Discrimination and exploitation of migrant workers is illegal and as is evident in this case, the WRC can award large sums where such inequality has occurred. Under the Employment Equality Act 1998, up to two years remuneration can be awarded which in many cases can be substantial. To prevent mistreatment and to provide a recourse for employees who feel they have been unjustly treated, employers should implement comprehensive Equality and Grievance Procedure policies.

Lastly, another notable aspect of this case is the award of €7,540 for breach of the Payment of Wages Act 1991 along with the award of €7,248 under the National Minimum Wage Act 2000 (the "2000 Act"). Despite both claims being for similar circumstances, the Adjudicator awarded the Complainant under both statutes as they determined that there were no stipulations in the 2000 Act preventing an award for breach of minimum wage along with an award for a breach in the payment of wages. These two sums were awarded in conjunction with compensation for excessive working hours, and for non-payment of public holidays and annual leave. Employers must guarantee proper rest breaks, refrain from imposing excessive working hours, and remunerate employees correctly, to adequately uphold the rights of workers.

For further information on employees' rights or for assistance in preparing or updating company policies to ensure worker's rights are adequately upheld, please contact our team via their contact details below.

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Disclaimer

This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.

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