Workplace Relations Commission Orders €143,300 Compensation for Indian Female Chef in Sexual Assault Case
Dublin: The Workplace Relations Commission has rendered a significant verdict, awarding €143,300 in damages to an Indian female chef who suffered sexual assault while employed at a restaurant in North Dublin.
The proprietor of Bombay House in Skerries, Dublin, has been penalised for gender discrimination and a range of labour law violations. Sharanjeet Kaur, an Indian chef and mother of two, received redress from the commission, marking the highest compensation granted by the Migrant Rights Centre for Ireland in a decade.
Commission Adjudicator Elizabeth Spelman noted the ordeal endured by these female workers, who faced constant threats of blackmail and deportation.
The commission ordered maximum compensation equivalent to two years’ salary (€60,000) for breaches of the Employment Equality Act, and one year’s salary (€30,000) for unfair dismissal. Additionally, €35,000 was mandated for Sunday premium pay, shift breaks, annual leave, and €2,905 for paid holiday allowance, with €7,450 for unlawful deductions under the Payment of Wages Act. A fine of €575 was imposed for non-payment of contractually due amounts, bringing the total sum to €143,268, which includes €7,248 for the shortfall in compliance with the National Minimum Wage Act. Notably, company director Bhapa Singh and his representative abstained from the proceedings since January 30th of this year.
Kaur’s experience was marred by exploitation and harassment. Despite promises of lucrative salaries and a better life, she faced threats and suffered financial manipulation. Initially paid €200 weekly for 50 hours of work, she eventually saw her wages diminished to €4.46 per hour after deductions by Singh. Moreover, Kaur was compelled to pay €17,000 for her work permit, which she borrowed from her father and transferred to Singh.
Kaur endured not only financial exploitation but also daily sexual harassment from coworkers and endured inhumane working conditions. She was detained in company housing for 15 days following her dismissal, only to be rescued by the Garda. The exploitation experienced by Kaur underscores broader issues within Ireland’s migrant worker system, with permit conditions often facilitating exploitation. The Migrant Rights Centre highlighted that over 100,000 work permits have been issued in the past three years, perpetuating conditions ripe for worker exploitation.
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