Fishing crew member working on 'floating factory' awarded €40,000 compensation by WRC

An Egyptian crew member who would often work 20 hours a day on a ‘floating factory’ off Ireland’s coastline here has been awarded just under €40,000 in compensation

Fishing crew member working on 'floating factory' awarded €40,000 compensation by WRC

An Egyptian crew member who would often work 20 hours a day on a ‘floating factory’ off Ireland’s coastline here has been awarded just under €40,000 in compensation

In the case, the Workplace Relations Commission (WRC) has ordered a fishing boat owner/operator here to pay €39,766 to the migrant worker for various breaches of employment legislation.

The crewman has succeeded in his claim under a number of headings and the WRC has ordered the fishing boat owner to pay the man €13,707 for the underpayment of wages.

The WRC has also ordered the fishing boat owner to pay the man €10,000 compensation for breach of weekly rest periods; €10,000 for working excessive hours; €5,000 for breach of daily rest and breaks; €483.41 for outstanding annual leave and €575.64 for public holidays.

Inspectors from the WRC had inspected the boat and the crewman’s working conditions on April 27, 2017 and the WRC inspectors were satisfied that everything was in order.

However, the man alleged at the WRC that in advance of being interviewed by the inspectors in April 2017, he and his work colleagues were told to say that everything was fine and that they got their rest breaks.

The man also pointed out that he does not speak English and when he spoke to the WRC Inspector there was no translator. His answers were given through a work colleague who translated for him.

The crewman said that his fishing boat could be best be described as a ‘floating factory’ and would be at sea for many days at a time.

The fishing boat was primarily based out of Howth but also at different times was also based out of Dunmore East, Castletownbere and Ros A Mhíl.

Describing his working day on the fishing boat that fished for prawns, the crewman said that along with a small crew he was involved in putting out the nets; bringing in the nets; killing the prawns; sorting the prawns into gender and size; placing them in the deep freeze to be freeze blasted and in the cold room to be stored.

The man stated that it was frequently the case that by the time that he was finished processing the prawns, the next catch was ready to be brought in and processed.

The work was described as “arduous, difficult and at times dangerous”.

The worker’s evidence was that he often worked 20 hours a day.

The man documented that on one fishing trip out of Howth, he spent six days at sea where there was 21.32 hours fishing per day.

The worker claimed that he worked 3,924 hours in the period under review and he should have been paid €36,297 but was only paid €24,754.

Ken Fleming of the International Transport Workers Federation (ITWF) took the case on behalf of the Egyptian man and said that it was as “a fantastic day” for the ITWF.

He said: “It makes our work completely worthwhile and gives me the energy to continue with it. It is a fair award and the man is entitled to every penny of it as it is what he is entitled to.”

Mr Fleming said: “I would hope that the €39,766 award will set the bar for future awards.”

Mr Fleming said that he is personally dealing with a number of other cases - “in the early two figures” - before the WRC concerning migrant crewmen on fishing boats.

Mr Fleming said that he hoped the award would encourage other workers in the fishing industry to come forward.

Mr Fleming said that the worker is delighted with the award. He said that the man no longer works in the fishing industry here and now works here in the catering industry.

It is open to the fishing boat operator to appeal the ruling to the Labour Court.

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