Dublin— A case concerning the alleged exploitation of a Chinese chef, Xiaofeng Gao, has commenced at the Workplace Relations Commission (WRC). Gao, who does not speak English, claims he was subjected to severe mistreatment and financial fraud by his employer at Eskimo Pizza, located on Main Street, Ballyjamesduff, County Cavan.
The case, supported by the Migrant Rights Centre of Ireland (MRCI), seeks €200,000 in compensation, along with additional costs. Pretty Ndao, Gao’s legal representative, presented detailed accounts of the alleged exploitation during the commission’s hearing, which is being conducted with the assistance of an interpreter appointed by the WRC.
Allegations of Forced Labour and Wage Theft
Gao claims he worked under conditions resembling modern slavery between August 1, 2022, and August 7, 2024, driven by fear of his employer, which prevented him from questioning his excessive working hours or poor treatment.
According to his testimony, Gao worked up to 73 hours per week, receiving as little as €25 per day. Despite his work permit stipulating an hourly wage of €16.76 as a Chef de Partie, Gao was only paid €150 per week for six days of work, with an additional €60 for a seventh day. His wages were paid partly in cash and partly through bank transfers.
Gao also lived in accommodation provided above the restaurant and was responsible for cleaning the premises after work, often working longer hours than his colleagues. His typical schedule ran from 2 p.m. to midnight on weekdays and until 1 a.m. on Fridays and Saturdays.
Illegal Recruitment Fees and Passport Seizure
One of the most serious allegations involves the illegal imposition of a €30,600 “recruitment fee,” which Gao was reportedly forced to pay under the false pretence that it was necessary for securing his visa. To cover this debt, Gao signed a promissory note and was subjected to further wage deductions, a practice that violates the Employment Permits Act.
In a further breach of Gao’s rights, his passport was confiscated by his employer in November 2023 and was only returned following intervention by An Garda Síochána.
Legal Violations Cited
Gao’s legal team has outlined multiple violations, including breaches of the:
- National Minimum Wage Act 2000
- Employment Permits Act
- Organisation of Working Time Act 2005
- Employment Equality Act 1998
- European Communities (Protection of Employees) Regulations 2003
Gao is seeking compensation for wage fraud, racial discrimination, and violations of his employment rights. His lawyer argues that he is owed an additional €22,000 if his six-month employment period is considered as a full year. Claims for Sunday premium pay, annual leave, and public holiday entitlements are also being pursued.
Additionally, Gao alleges that he has suffered a financial loss of €65,505 due to unpaid wages and overwork, highlighting a clear breach of the Working Time Act.
Employer’s Absence and Potential Consequences
Notably, neither Eskimo Gao Ming Limited—where Ming Gao serves as director and his wife as company secretary—nor any representatives from the company have appeared before the commission. Adjudicator Shay Henry noted that while it is common for employers in such cases to request adjournments, no such request has been made.
Henry emphasised that the case would proceed regardless of whether the employer offers an explanation or defence at a later date. He also acknowledged indications that the employer may be unfamiliar with Irish legal obligations, but stressed that this would not influence the outcome of the case.
The maximum compensation that Gao could receive under Irish employment law is twice his annual salary, based on a 39-hour workweek. Given his work permit’s stipulated salary of €34,000 per annum, the potential compensation could reach up to €68,000, in addition to any other damages awarded.
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