A COUNTY KERRY fried chicken shop paid a chef “significantly” less than minimum wage to work 70-hour weeks, including one period of 48 days of work in a row last year.

The Workplace Relations Commission (WRC) ordered Chicken Chicken Castle Ltd, trading as Chicken Club in Castleisland, Co Kerry, to pay Suman Bhurtel €23,130 for multiple breaches of his employment rights.

The WRC found that Mr Bhurtel, who is from Nepal, was “required to work grossly in excess of 48 hours a week”.

The WRC’s adjudication officer found Mr Bhurtel’s “normal working week was regularly 70 hours per week”.

He earned a weekly wage of €576.92 which equated to the hourly wage of €8.24.

“This was a significant shortfall of on the minimum hourly wage of €11.30 in 2023,” the WRC decision states.

The WRC found that Mr Bhurtel not received appropriate pay for working more than his contracted 39 hours a week, or for working on Sundays and Bank Holidays.

He also had not received adequate annual leave, and did not receive rest breaks mandated by law, sometimes working from 2pm until midnight for seven days in a week. At one point in 2023, he worked 48 days consecutively.

His former employer, Mr. Satwinder Singh gave evidence that Mr Bhurtel was never scheduled for work on a Sunday as it was not his normal day of work. Instead, he worked Tuesday to Saturday, Mr Singh said. It was also submitted that Mr Bhurtel’s salary of €30,000 included the Sunday premium.

Mr Singh rejected that Mr Bhurtel worked 70-hour weeks and didn’t receive weekly breaks.

The WRC ruled in favour of Mr Bhurtel. 

The Migrant Rights Centre, which represented Mr Bhurtel, said it was not surprised by the flouting of employment rights exposed in this case.

Neil Bruton of the Migrant Rights Centre noted that was very difficult for people from outside the EU on work permits in Ireland to change jobs.

“Employers know this, which makes it very hard for workers to stand up for their rights,” Bruton said.

“Requiring workers to stay in the employment permit system for a five-year period before they have the freedom to work without a permit is far too long.”

Mr Bhurtel was awarded compensation on a number of different grounds, including in relation to legislation on Sunday premiums, the minimum wage, annual leave, public holidays, weekly rest period and the maximum working week.

The Migrant Rights Centre commended Mr Bhurtel for coming forward and raising his complaint.

“It’s not an easy thing to do,” Bruton said. “We hope that the award in his favour will encourage others in similar situations to come forward.”

Chicken Club has been approached for comment.