Child minder awarded €41k over racial discrimination

THE Equality Tribunal has awarded a South African worker more than €41,000 in compensation after ruling that she was racially discriminated against by the Dublin widower who hired her as a child minder.

The father-of-three from Castleknock in Dublin, who has not been named, was found to have breached the Employment Equality Act in both the conditions of her employment and the manner in which he fired the woman in March 2008.

The woman claimed she was recruited by the Irishman during a visit to South Africa in 2007. She was paid €200 per week on the basis of working 70 hours over a six-day week.

Although the woman claims she was reassured by both the man and a recruitment agency that her work permit was in order, she was stopped by immigration officials at Dublin Airport and given a card for her employer to complete.

The woman, who was assisted in processing her claim by the Migrants Right Centre, said the man tore the card up and threw it in the bin when she asked him to sign it. It emerged that he had never sought a work permit for his employee.

She also complained that the man tried to exercise control over her and would frequently ask about her whereabouts and plans.

In February 2008, the woman said her employer arrived home looking drunk. She claimed he became abusive and criticised her in front of his children.

He fired her after she replied by calling him “a bastard” but he subsequently calmed down and said she was being placed on probation.

However, a month later, he returned from business in South Africa and informed her that she was sacked. He promised her a reference but on condition that she signed a letter to say she was resigning her position. She refused.

The woman said she became homeless and was forced to seek emergency social assistance as a result of being dismissed in such a fashion.

The tribunal heard the woman was paid less than the minimum wage and worked in excess of a 48-hour week, while also being denied bank holiday and Sunday pay.

She claimed she was often left alone at night with the man’s 10-year-old daughter, without any notice. She was also left alone with the other two children when they returned from boarding school at weekends, while their father was away.

The tribunal ruled that the contract, which also claimed right to surveillance of her use of telephones, email and the internet, was not in compliance with Irish employment legislation.

“I am satisfied that an Irish employee would not have been given such a contract,” said equality officer Deirdre Sweeney.

The businessman failed to attend the Equality Tribunal hearing.

He was ordered to pay the woman a total of €41,486 in compensation.