Chinese chef awarded €154k for gross breaches of his employment rights
A chef from China has been awarded over €154,000 by the Workplace Relations Commission (WRC) following serious breaches of his employment rights while working for a restaurant in Cavan.
The Migrant Rights Centre Ireland (MRCI) represented Xiaofeng Gao in his case against Ming Gao (later Eskimo Gao Ming Limited) in Ballyjamesduff, Co Cavan, where he was employed from 2022 to 2024.
Among the findings in a ruling published by the WRC on Friday was that the chef had been paid below the minimum wage, with a total underpayment of €65,505.
He was forced to work for excessive hours far beyond the legal maximum of 48 hours per week, generally working six to seven days per week and averaging 63 to 73 hours per week.
He worked 105 Sundays without proper compensation and had no annual leave or public holiday pay.
He also did not receive mandated rest breaks or weekly rest periods.
He was also found to have suffered racial discrimination and exploitation, linked to his vulnerability due to the restrictive nature of his employment permit and a lack of information on his rights.
Mr Gao came to Ireland on an employment permit in July 2022. He was illegally forced to pay €30,000 to his employer as a charge for providing the employment permit.
As the holder of an employment permit, he was not able to quit his job and work for another Irish employer.
He was completely dependent on his employer for his accommodation, immigration status and livelihood in Ireland, and had little to no English and no connections in Ireland. His employer also confiscated his passport.
Only after Mr Gao found external support to leave his employment, accommodation and secure his future immigration status separately from his employer did he come forward and lodge his complaints.
The WRC made a total award of €154,828 to the man.
Sylwia Nowakowska, workplace rights coordinator with the Migrant Rights Centre Ireland, said: “More must be done to protect workers in the employment permit system from this type of abuse.
“Workers need to be more clearly and proactively communicated with in their own language about their labour rights and about the permit system.
“Currently permit holders’ ability to change jobs is severely restricted for five full years. MRCI is calling for that to be reduced to two years.
“This would enable workers to better stand up for themselves at work and to leave exploitative employment like this much more easily if they need to.
“Finally, we would like to see much more substantial deterrents for employers who severely exploit their workers, including criminal charges and a ban from applying for future permits.”



