Gardaí probe human trafficking complaint as woman awarded €143k at employment tribunal

The Workplace Relations Commission adjudicator found 'that the complainant was discriminated against on the ground of gender; that she was harassed; and that she was sexually harassed.' File photo: Eamonn Farrell/RollingNews.ie

An Indian woman who came to Ireland to work has been awarded €143,000 for having her employments rights breached, being sexually harassed, and unfairly dismissed.

The case before the Workplace Relations Commission (WRC) saw Sharanjeet Kaur, represented by Migrants Rights Centre Ireland, as the complainant and Bombay Bhappa Ltd, trading as Bombay House in Skerries in Dublin, as the respondent.

Members of An Garda Síochána presented at the in-person hearing, after receiving a report of witness intimidation, and said they were investigating a complaint of human trafficking.

In uncontested evidence given at an employment tribunal, the woman said that the director of the respondent company told her he could arrange a work permit for her to work as a chef in a Dublin restaurant.

The mother-of-two, who had been working in Malaysia, was told “her salary would be significant and that it would be a life-changing experience for her and for her children, who could later join her”.

But when she came to Ireland to take up the job, her duties were confined to tasks such as washing dishes and cleaning the kitchen, she said.

The adjudicator said her case was that she was “under constant threat of blackmail and deportation”, working long hours and not being paid the correct amount for the work she was doing. She also said she was under near-daily sexual harassment from some colleagues.

The adjudicator said: “After the hearing and as requested, the complainant confirmed that her gross weekly salary was €576.92 and her net weekly salary was €489.38.

The complainant’s uncontested evidence was that the respondent’s director paid approximately €500 into her bank account each week and then three days later, he would drive her to an ATM when she had to withdraw and return €290 to him in cash. 

"The complainant provided a full copy of her bank statements which reflect these transactions.” 

This resulted in her earning the equivalent of €4.46 an hour for a 50-hour work week, she said.

The respondent company, who were denied an application for the hearing to be held in private, “decided to withdraw and therefore failed to present any evidence by way of response”, the WRC adjudicator said.

Each of the complaints upheld carried with it a different award for Ms Kaur. The adjudicator said: “I find that the complainant was discriminated against on the ground of gender; that she was harassed; and that she was sexually harassed.” 

For this, she was awarded €60,000 and, taken together, all of the awards amount to €143,268.

'Exploitation'

In a statement following the decision, Migrants Rights Centre Ireland urged the Government to pass legislation to protect workers from “exploitation”.

“Everyone deserves to have the ability to stand up for themselves in their job. Unfortunately, we will continue to see people exploited at the hands of unscrupulous employers until the minister passes this Bill,” the body's campaign’s co-ordinator Neil Bruton said.

“We commend the bravery and courage of Ms Kaur in coming forward in a very difficult and risky situation. We hope that the award in her favour will encourage others in similar situations to come forward and seek justice against exploitation which is growing across Ireland.”