Dublin: The Workplace Relations Commission (WRC) is investigating serious allegations of discrimination against Indian healthcare assistants employed by some nursing homes in Ireland. Complaints have been filed against the Windmill Group, a company that operates nursing homes and residential properties across the country, for allegedly engaging in discriminatory practices and mistreatment of Indian workers, which violates Irish employment law. The case is set to resume in November, with key witnesses from the Windmill Group, including Director Pat Kennedy, Clinical Director Denise McElligott, and Property Manager Louise O’Sullivan, expected to testify.
Differential Treatment for Indian Workers
In a notable admission, the Windmill Group acknowledged before the WRC that it offered different contracts to employees based on nationality. While Irish workers and those from the European Union (EU) received additional benefits such as premium payments, paid breaks, and meals, Indian workers, who were on the same work permits, did not receive these perks. The company defended its stance, claiming that Irish workers were paid €11.50 per hour, while Indian workers were paid a higher wage of €12.31 per hour.
Two Indian healthcare workers lodged complaints against the Windmill Group, highlighting gross mistreatment and discrimination. According to their claims, they lived in shared accommodations near the nursing home with two other workers, and €200 was deducted from their wages every fortnight for rent. When they raised concerns about wage disparities and discriminatory practices, they were allegedly retaliated against by the company. Recruited on work permits in May 2022 with an annual salary of €27,000, they claim they were denied various benefits, such as medical claims, paid breaks, and Sunday and bank holiday premiums, which were provided to other workers.
The workers filed four complaints under the Equality Act, focussing on issues related to pay and working hours. One of their primary concerns was the deduction of wages for unpaid rest periods. They argued that during their 12-hour shifts, they were only paid for 11 hours, with the company citing the unpaid hour as “rest time.”
Allegations of Retaliation and Unjust Dismissal
Further allegations emerged against the Windmill Group, including claims that the company inspected the home of one of the Indian workers while they were on vacation after filing a complaint. Upon returning, the worker was reportedly denied accommodation and subsequently dismissed from employment. The company, however, defended its actions, stating that the eviction was due to unsanitary conditions, including a dirty kitchen, damaged cabinets, and a broken boiler in the Newcastle West, Limerick property where the workers resided. The employees, however, contended that these actions were racially motivated, a claim the company vehemently denied, asserting that Indian workers are an integral part of their organisation.
Lapses in Salary Payments and Legal Disputes
The company’s legal representatives admitted to some lapses in salary payments but maintained that these issues were not discriminatory in nature. They also disclosed that 25% of the final wages of terminated Indian workers were deducted to cover recruitment agency fees—a practice prohibited in Ireland, where recruitment agencies are not allowed to charge candidates for their placement.
One contentious reason for dismissal cited by the company was that the Indian workers lacked English proficiency. However, the company’s own lawyer refuted this claim during the WRC proceedings, acknowledging that the workers possessed adequate knowledge of English.
Challenges in the Irish Healthcare Sector
Ireland has faced a significant shortage of healthcare workers, prompting recruitment drives targeting India and other countries since 2020. Despite the influx of qualified healthcare assistants, including thousands of Indian and Filipino workers, the government has yet to establish specific guidelines and operating procedures for this job category. Many of these foreign workers are experienced and qualified nurses seeking to advance their careers and bring their families to Ireland for a better future.
In response to these ongoing issues, an organisation called Overseas Health and Homes Care in Ireland, established to support foreign healthcare workers, has approached various government ministries to advocate for comprehensive welfare measures. The organisation has also signalled its intention to pursue further legal action if necessary to protect the rights of foreign healthcare assistants in the country.
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