Ireland: Egyptian fishermen reportedly work up to 20 hours a day, owed thousands in unpaid wages & face retaliation for speaking up
Summary
Date Reported: 5 Sep 2021
Location: Ireland
Companies
Rockabill Seafood - EmployerAffected
Total individuals affected: 2
Workers: ( 1 - Location unknown , Fishing , Gender not reported ) , Migrant & immigrant workers: ( Number unknown - Egypt , Fishing , Gender not reported )Issues
Dismissal , Irregular Work , IntimidationResponse
Response sought: Yes, by Workplace Relations Commission
External link to response: (Find out more)
Action taken: The workers' complaint of unfair dismissal ultimately failed on a number of grounds including the large gap in time between the incidents complained of and the raising of the grievance.
Source type: News outlet
Summary
Date Reported: 15 Apr 2022
Location: Ireland
Companies
Galley Marine Enterprises - EmployerAffected
Total individuals affected: 1
Migrant & immigrant workers: ( 1 - Location unknown , Fishing , Gender not reported )Issues
Wage Theft , Reasonable Working Hours & Leisure TimeResponse
Response sought: Yes, by Workplace Relations Commission
External link to response: (Find out more)
Action taken: The Labour Court found that he had been underpaid by €6,139.65 and awarded compensation in this amount. It also awarded compensation of over €3,000 for the breaches of payment for annual leave and public holidays.
Source type: News outlet
Summary
Date Reported: 27 Dec 2017
Location: Ireland
Other
Not Reported ( Fishing ) - EmployerAffected
Total individuals affected: 1
Migrant & immigrant workers: ( 1 - Location unknown , Fishing , Gender not reported )Issues
Intimidation , Dismissal , Wage TheftResponse
Response sought: Yes, by Workplace Relations Commission
External link to response: (Find out more)
Action taken: In the case, the fishing company claimed the fisher was a “share fisherman” – which are generally self-employed workers who get paid a percentage of the catch, they were unable to cite evidence to confirm this, according to the adjudicator’s decision. Further, in the case the fishing company said that he “was not unfairly dismissed”, as claimed and contested that “he did not attend for work”. The worker was awarded €2,000 in compensation for unfair dismissal by the WRC.
Source type: News outlet
Summary
Date Reported: 7 Jul 2017
Location: Ireland
Companies
Galopin Trawlers - EmployerAffected
Total individuals affected: 1
Migrant & immigrant workers: ( 1 - Egypt , Fishing , Gender not reported )Issues
Occupational Health & Safety , Injuries , Reasonable Working Hours & Leisure TimeResponse
Response sought: Yes, by Workplace Relations Commission
External link to response: (Find out more)
Action taken: The fishing company in this case claimed that no breach with regard to maintaining records had occurred. His employer denied the claim that the fisher was not able to take his appropriate rest breaks. Though compensation was awarded for some of the complaints, including over €2,600 in relation to annual leave, the adjudicating officer said he was “precluded from making any finding” with regard to the Elganagy’s rest breaks. The decision stated people engaged in sea fishing were exempt from Part II of the Organisation of Working Time Act which relates to minimum rest periods. This was appealed by Elganagy to the Labour Court in a case heard earlier this year, but the original decision was upheld.
Source type: News outlet
Summary
Date Reported: 15 Sep 2022
Location: Ireland
Companies
Ivan Wilde - EmployerAffected
Total individuals affected: 1
Migrant & immigrant workers: ( 1 - Philippines , Fishing , Gender not reported )Issues
Wage Theft , Reasonable Working Hours & Leisure TimeResponse
Response sought: Yes, by Workplace Relations Commission
External link to response: (Find out more)
Action taken: At first the fisher was awarded over €13,500 in a decision against Ivan Wilde Limited in 2020 for underpayment of wages, outstanding annual leave, public holidays as well as breaches in rest periods and hours worked. However, between an appeal by Ivan Wilde Limited heard by the Labour Court over the summer and follow-ups by the Court in September, all of the decisions of the original WRC adjudication officer that related to rest period and excessive hours worked were either set aside or overturned. This resulted in €9,000 of the €13,500 total award being withdrawn, leaving the worker with €4,500.
Source type: News outlet
Summary
Date Reported: 5 Dec 2022
Location: Ireland
Companies
OF Fishing - EmployerAffected
Total individuals affected: 1
Migrant & immigrant workers: ( 1 - Egypt , Fishing , Men , Unknown migration status )Issues
Reasonable Working Hours & Leisure Time , Wage Theft , Dismissal , Injuries , Occupational Health & SafetyResponse
Response sought: Yes, by Workplace Relations Commission
External link to response: (Find out more)
Action taken: Though the worker was awarded over €6,100 for unfair dismissal and €350 for breach of holiday pay entitlements, citing the Labour Court appeal of Elganagy’s case, the adjudicating officer said she had “no jurisdiction to deal” with rest breaks or excessive hours under the Organisation of Working Time Act.
Source type: News outlet
Summary
Date Reported: 5 Dec 2022
Location: Ireland
Other
Not Reported ( Fishing ) - EmployerAffected
Total individuals affected: Number unknown
Migrant & immigrant workers: ( 1 - Egypt , Fishing , Men , Documented migrants )Issues
Reasonable Working Hours & Leisure Time , Wage Theft , Occupational Health & SafetyResponse
Response sought: No
Action taken: The WRC officer found his work exceeded 72 hours per week and awarded him over 15,000 EUR.
Source type: News outlet
Summary
Date Reported: 5 Dec 2022
Location: Ireland
Other
Not Reported ( Fishing ) - EmployerAffected
Total individuals affected: 3
Migrant & immigrant workers: ( 1 - Egypt , Fishing , Men , Documented migrants )Issues
Reasonable Working Hours & Leisure Time , Wage TheftResponse
Response sought: No
Action taken: The hearing of the case was adjourned once more, at the request of O’Brien, to allow for the production of time sheets by Brannigan’s solicitor
Source type: News outlet
"Underpaid and overworked: The serious allegations by migrant fishers to the WRC", 04 Dec 2022
THOUSANDS OWED IN unpaid wages, up to 20-hour work days and forging of mandatory employment records are some of the serious allegations migrant workers have made to the WRC about the Irish fishing industry.
This is in spite of the Atypical Working Scheme – established in 2016 in response to reports of exploitation in the fishing sector. Its aim was to create and protect the employment rights of non-European Economic Area workers...
These jobs were consistently repeated throughout the day for up to 20 hours, with little time for breaks, or adequate rest...
In a recent WRC case against Richard Brannigan, three fishers – Khaled Elagamy, Mohamed Shokr Ghonim and Salem Elfeky – alleged that between them, they are owed about €140,000...
On occasions where an employee speaks up against their employer, they run the risk of losing their job, which in some cases can impact a fisher’s visa status...