The Migrant Rights Centre Ireland (MRCI) represented Suman Bhurtel, who is originally from Nepal and was working with an employment permit, in proceedings before the Workplace Relations Commission (WRC) last year.

The former chef de partie at Chicken Club Castleisland complained that he was working 70-hour weeks, and during one period worked 48 days without a day off.

He also reported payment of wages below the legal minimum, along with several other violations of his basic employment rights and entitlements.

The WRC adjudication officer found that the complaints were well founded and awarded Mr Bhurtel a sum of €23,130.

However, the awards were this month overturned by the Labour Court, which found that they were time-barred by statute.

“On consulting with the Migrant Rights Centre, the complainant learned of the redress options open to him in respect of the alleged breaches of his employment rights and a referral in respect of those alleged breaches was made to the Workplace Relations Commission very promptly thereafter,” the Labour Court said.

“However, the application was made out of time and, in the court’s judgment… no explanations ‘which both explain the delay and afford an excuse for the delay’ have been advanced in support of the within application that would permit the court to extend time.”

A spokesperson for MRCI told Irish Legal News: “The Migrant Rights Centre Ireland expresses disappointment with the Labour Court’s decision, and we are currently considering an appeal to the High Court regarding this matter.

“The Labour Court’s decision does not change the principal findings of the adjudicator in the case that determined Mr Bhurtel was subjected to exploitation by his employer.”