Restaurant worker awarded damages

A Dublin restaurant has been ordered to pay a migrant worker €116,000 compensation for a number of breaches in employment law…

A Dublin restaurant has been ordered to pay a migrant worker €116,000 compensation for a number of breaches in employment law, it emerged today.

The Pakistan man, who was forced to work in appalling conditions for five years, earned just €150 per week - of which €100 was deducted by the employer for his accommodation.

The worker told the Labour Relations Commission he had virtually no days off and that his employer held his passport and threatened him with revoking his work permit and deportation if he complained.

The Migrant Rights Centre Ireland (MRCI) said the case contains all the elements of human trafficking for forced labour.

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The man, who was sacked when he came forward for help, was represented by the organisation at the hearing last December.

A Rights Commissioner this week ordered the restaurateur - who can not be identified - to pay compensation totalling €116,000. The landmark decision can be appealed at an Employment Appeals Tribunal.

MRCI's director Siobhan O'Donoghue said it took a lot of courage for the worker to break free from the threats and control that the employer apparently exerted over him.

"This case contains all the elements of human trafficking for forced labour," she said.

"This man was brought to Ireland and made to work under extremely exploitative conditions. He was controlled by the employer and threatened to the extent that he had no option but to tolerate the exploitation."

Ms O'Donoghue said the victim was fortunate that he was still documented when he contacted MRCI, making it possible to seek justice.

However, she called for better protection for people trafficked for forced labour in the upcoming Immigration Bill, to be discussed in the D á il tomorrow.

"We are at the very early stages in this country of understanding trafficking for forced labour," she continued.

"If Justice Minister Brian Lenihan is serious about combating trafficking of people then he needs to acknowledge that trafficking for forced labour is a reality in this country, and offer real protections to those in these situations. Anything less is shameful."

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