Over €50,000 has been awarded to three Brazilian workers hired to work as cleaners by a company in which former model Ms Samantha Hutton is a director.
They were promised £1,000 a month and an eight-hour working day, but found themselves without pay and working a 15-hour day in conditions "reminiscent of Charles Dickens's time", the High Court heard yesterday. A priest and neighbour regularly provided them with food.
Mr Justice Kelly said the workers, who the court heard were ferried to work in a van with black plastic sacks taped to the windows, were exploited by At Hand Cleaning Services Ltd in a "cruel fashion" and were the victims of a "trick".
He said the company had behaved in a "quite despicable fashion". The judge directed that €50,000 be paid to two sisters and their brother-in-law in their claim against the company, with registered office at St Patrick's Park, Clondalkin, Dublin. It is unclear whether the three will receive the award as the court was told it was proposed to liquidate the company.
The awards were made to sisters Ms Neusa da Silva Resende and Ms Nilce Mara da Silva and Mr Elis Pereira da Silva. The latter is married to the women's other sister, Nilma, who also spent some time working here but recently returned to Brazil.
A priest who went to the house where the workers were placed by the company found that their only food was a packet of biscuits.
Mr Oisin Quinn, with Mr Donal Taaffe, for the workers, said they were required to work long hours and were not paid what they were due for their normal working days and overtime.
They lived in leased accommodation made available by the company in Kingswood Heights, Tallaght, Dublin, and often had no food.
Ms Hutton appeared in court at the start of yesterday's hearing and was told by the judge that a limited company could only be represented in court through a solicitor, not a director.
The judge said the company was effectively not represented but Ms Hutton could remain in court if she wished. Ms Hutton left the courtroom during the hearing and was not present when judgment was given.
When the court sat first, a solicitor who had been representing the company was given leave to come off record after he said there had been a failure to give him instructions. Ms Hutton told the judge she had difficulty meeting legal costs. She added she was at her "wit's end" and was going to "end up in a mental hospital if it keeps going as it is". It was unfortunate the case had come into the High Court and she wondered if it could be transferred to the Labour Court .
Ms Hutton said the company had few assets. There were four industrial hoovers, worth €900-€1,000 each when new. There were a few outstanding accounts.
In his judgment, Mr Justice Kelly said Ms da Silva Resende had been contracted to work here by a representative of the company. The agreement was that she be paid £1,000 per month and work an eight-hour day with the company responsible for accommodation and airfare. She had to work 12-15 hour days frequently and was not even paid her basic pay, never mind overtime. She was exhorted to get others to come to Ireland who received even worse treatment when they arrived. Ms da Silva Resende had a work permit but the others did not.
A company bus brought them to work covertly and with a good deal of subterfuge.They had complained to the Equality Authority and were put in touch with a solicitor and then with a priest, Father Pat McNamara, who spoke Portuguese and was a daily source of support. A neighbour, Mrs Rose Cooney, had witnessed their plight and was a "true good samaritan". Mrs Cooney and Father McNamara had fed and looked after the workers with considerable decency. Mrs Cooney said she was ashamed to be Irish because of the treatment the workers had received.
A retired solicitor who contracted to have her premises cleaned found the workers had been required to work 12 hours in one day. She gave them lunch and dinner.
It was now unclear whether the workers were entitled to remain in the house where they lived. The landlord was not their employer. The judge made an order restraining the company from terminating the arrangements whereby the workers were in residence. After making deductions for two sums paid while the proceedings have been before the court, Mr Justice Kelly awarded €35,510 to Ms da Silva Resende; €11,525 to Ms da Silva Mara; and €3,643 to Mr Pereira da Silva.
Most of the awards are for basic pay and overtime and, in relation to Ms da Silva Mara and Mr Pereira da Silva, unpaid air fares, and the judge also included awards for emotional loss and disappointment suffered. Earlier, Father McNamara said the first time he went to their house there was only one packet of biscuits in the kitchen. He and Mrs Cooney went and bought them food.
They were very appreciative of that. The workers had suffered a lot of anguish, hurt and bitterness but were beginning to recognise they had been seriously misled.
