Chinese Chef Awarded €154,828 for Gross Breaches of his Employment Rights

November 13, 2025

A recent Workplace Relations Commission (WRC) decision has brought into sharp focus the vulnerability of migrant workers and the serious consequences for employers who fail to comply with employment law.


The case involved a Chinese chef who came to Ireland in July 2022 under an employment permit to work in a takeaway business in Co. Cavan. He worked extraordinarily long hours, often 63 to 73 hours a week, six or seven days at a time and was paid far below his contractual rate. On top of this, he had paid a substantial recruitment fee of over €30,000 to secure his position, and his employer retained control of his passport and accommodation, leaving him dependent and vulnerable.


The WRC found multiple breaches of employment law, including underpayment, failure to provide holiday and public‑holiday pay, excessive working hours, and racial discrimination. In recognition of these gross breaches, the Claimant was awarded €154,828, covering unpaid wages, discrimination, and statutory entitlements.


This case is a stark reminder that migrant workers can be at particular risk of exploitation, especially when their immigration status ties them closely to a single employer. The Claimant’s situation highlights how factors such as language barriers, unfamiliarity with Irish employment law, and financial dependency can compound vulnerability.


For employers, this decision offers clear lessons. It is essential to ensure that workers are paid correctly, receive all statutory entitlements, and are not put in a position of dependency or exploitation. Practices such as withholding passports, requiring repayment of recruitment fees, or relying on employees’ lack of knowledge of their rights can result in serious legal and financial consequences.


From an HR perspective, this case underlines the importance of proactive compliance and careful management of migrant workers, ensuring that terms of employment are clear, transparent, and fully lawful. Beyond legal obligations, it is also a reminder of the human impact: behind every breach of employment law is a person whose rights, dignity, and wellbeing have been compromised.


At MSS The HR People, we often advise clients in sectors employing migrant labour, such as hospitality, catering and care, on how to structure fair and lawful employment practices. This case reinforces the importance of balancing compliance with compassion, protecting workers while protecting the business.


Serious breaches of employment rights carry both financial and reputational risk. Treat every employee fairly, respect statutory entitlements, and never underestimate the impact of power imbalances, particularly for vulnerable workers.

 

If MSS The HR People can assist you in any way please do not hesitate to get in touch.



info@mssthehrpeople.ie             Ph: 018870690 

WRC Finds No Family Status Discrimination in Roster Change Request
By Amanda Scully • September 15, 2026
WRC decision highlights the importance of understanding the scope of family status and engaging with employee requests for changes to working arrangements.
Private Sector Pay Increases: The 3% to 4% Trend in 2026
By Amanda Scully • September 15, 2026
Private sector pay increases are becoming more concentrated in the 3% to 4% range in 2026, despite continued economic uncertainty
Performance Management Process Done Right
By Amanda Scully • September 15, 2026
Performance Management, when managed effectively, annual appraisals can be a valuable part of an company's wider performance management process
Government Supports for Employers: Funding Available When Recruiting
By Amanda Scully • September 15, 2026
Employers recruiting in Ireland may be able to access a range of Government supports and financial incentives
WRC Finds Pregnancy Discrimination Following Probationary Review
By Amanda Scully • August 18, 2026
A recent WRC decision highlights the importance of fair, well documented probation procedures, particularly where pregnancy or pregnancy-related illness is involved.
Record €323,000 WRC Award Highlights the Serious Risks of Whistleblower Penalisation
By Amanda Scully • August 18, 2026
WRC decision has highlighted the significant consequences for employers where an employee is found to have been penalised after making protected disclosures.
Pregnancy Loss Leave Bill – Proposed New Statutory Leave for Employees
By Amanda Scully • August 18, 2026
Proposed new statutory entitlement to paid leave for employees who experience pregnancy loss before 23 weeks' gestation
Can Employees Use ChatGPT at Work? What Irish Employers Should Consider
By Amanda Scully • August 18, 2026
Do employees understand how AI can be used safely and appropriately in the workplace
New Retirement Age Legislation Takes Effect on 29 June 2026
By Amy Vickers • July 1, 2026
The Employment (Contractual Retirement Ages) Act 2025 introduces new obligations for employers who operate a contractual retirement age below State Pension Age .
Labour Court Issues First Decision on Right to Request Remote Working
By Amanda Scully • June 30, 2026
A landmark Labour Court decision reinforces that the right to request remote working, highlighting the importance of employers following the correct process.