Ex-Employee of Poppadom Take Away Leads Protest to Demand Compensation
9 February 2012
NEWS RELEASE
Muhammad Younis has been awarded €92,000 by a Rights Commissioner, following an official complaint about alleged breaches of employment rights. However Muhammad Younis' ex-employer, Mr Amjad Hussain trading as Poppadom registered under New Business Horizons, has not yet paid the award despite a Labour Court ruling ordering him to pay the compensation.
Muhammad has taken to the street to demand payment for what is owned to him. Today Thursday, 9th of February, 2012 at 6.30pm he will protest outside the Poppadom Take Away Restaurant. He will stand with fellow workers to call for payment of the money owed to him and to raise awareness of the severe exploitation he suffered at the hands of his ex employer.
Muhammad said, ‘I suffered at the hands of my ex employer. I am protesting today to show the public what is happening to workers and to again ask Mr Hussain to pay me my money. I was treated like a slave. The exploitation I suffered was very cruel. I have nothing now. I will keep protesting until I get justice."
Robert Dowds TD said, "Muhammed Younis was held in slave-like conditions while working in the restaurant and deserves to be paid the money he is owed. Like most people, I was under the impression that slave labour was consigned to history. That does not seem to be the case, with more and more cases of forced labour coming to light. It is simply unacceptable that any person is treated in this way, and I have spoken in the Dáil to urge the Government to do more to tackle the problem of forced labour in Ireland."
According to Ms Gráinne O'Toole of the Migrant Rights Centre Ireland (MRCI), who is supporting his protest, ‘The real challenge now will be to ensure that Muhammad actually gets paid but also we need the government to tackle the problem of modern day slavery. In Ireland, there is no legal punishment for this injustice. Therefore, the only avenue open to Muhammad was to pursue breaches of employment law. The government recently stated that they would address the anomalies in the law to criminalise forced labour and were treating the situation as urgent. We are calling on Minister Alan Shatter to act now to protect victims against this heinous act."
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Contact
Gráinne O'Toole (MRCI Project Leader; Workplace Rights) - 086 867 8883
Siobhan O' Donoghue (MRCI Director) - 087 677 7463
Dáil debate on criminalisation of Forced Labour
17 January 2012
Modern Day Slavery is still not a crime in Ireland
Today Aodhán O' Riordan, TD and Robert Dowds TD, led a Dáil debate on forced labour, otherwise known as modern day slavery and called on Minister Alan Shatter to introduce a law to criminalise forced labour urgently.
Aodhán O Riordan stated "It is intolerable that a Republic such as Ireland does not have a law against modern day slavery. MRCI have recorded 169 cases of forced labour and this is just the tip of the ice berg. Without the law, victims will not be identified and unscrupulous employers will continue to commit forced labour. The need to criminalise forced labour is urgent."
Robert Dowds spoke passionately of the need to rid Ireland of the shame of allowing forced labour to persist. He spoke of his constituency where he knows of cases of forced labour and the detrimental impact of this crime on victims.
Gráinne O' Toole of the MRCI stated, "We welcome the fact that the case for a law on forced labour is gaining momentum. We call on Minister Shatter to bring in the law to protect the victims of forced labour without delay. This would send a strong message to unscrupulous employers that this crime will not be tolerated in Ireland."
ENDS
Contact:
Gráinne O'Toole (MRCI Project Leader; Workplace Rights) - 086 867 8883
Siobhan O' Donoghue (MRCI Director) - 087 6777463
Background Information
Forced labour is defined by the International Labour Organisation (ILO) Convention (No. 29) concerning Forced or Compulsory Labour "...all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily." In effect, forced labour is a severe form of exploitation where a worker performs work against their will under threat.
The ILO has developed indicators to detect forced labour as follows:
- Threats of or actual physical or sexual violence.
- Restriction of movement and confinement, to the workplace or to a limited area.
- Debt bondage: where a worker works to pay off debt or loan, and is not paid for his or her services.
- Withholding of wages, refusing to pay the worker at all or excessive wage reductions.
- Retention of passports and identity documents.
- Threat of denunciation to the authorities.
The International Labour Organisation's (ILO) Convention No. 29(1930) and Article 4 of the European Convention on Human Rights requires forced labour be punishable as a criminal offence. There is no law in Ireland that makes forced labour a criminal offence. Migrant Rights Centre Ireland has uncovered 169 cases of forced labour over the last 6 years and this is the tip of the iceberg.
March gives Hope to the Undocumented
17 December 2011
Christmastime hard on separated undocumented families
Hundreds of undocumented migrants, their families and supporters marched by candlelight to Dáil Éireann this afternoon on the eve of UN International Migrant to highlight the plight of the estimated 30,000 undocumented migrants living in Ireland. The march was led by a giant banner with ‘Justice for Undocumented' written in Christmas lights and marchers holding giant stars saying ‘Santa is Undocumented too!' The march was organised by the Justice for the Undocumented Campaign which is calling on the Irish Government and Minister for Justice, Alan Shatter, TD, to introduce an Earned Regularisation Scheme which would give those who are undocumented in Ireland the opportunity to legalise their immigration status.
"Undocumented people live in under tremendous fear of deportation and have taken a great risk to be here today," said Edel McGinley, Campaign Co-ordinator with the MRCI. "We are calling on the Government to provide a solution similar to the one the Irish government has been advocating for the Irish undocumented in the US. It's time the government put its money where its mouth is and showed the same commitment in solving the undocumented crisis here."
Speaking at the march, Jayson Montenegro, originally from the Philippines who has been living undocumented in Ireland for nearly eight years stated, "I haven't seen my children in over eight years. Every year it gets harder, especially at Christmas. They ask me on the phone ‘Daddy, when are you coming to see us?' It breaks my heart. He went onto say "the spirit of Christmas however is not only an ordinary occasion; it gives us hope, understanding and unity. I wish that in the future no family is separated from their loved ones. I hope that the government can help us find a way".
Justice for the Undocumented Campaign member, Champika Wanniarachchi, a Sri Lankan woman living undocumented for nine years with her sixteen year-old daughter who was recently ranked in the top 5% academically of all students in Ireland, spoke at the march. She told the crowd that, "I worry about my daughter's future. What will happen to her when she wants to go to University? I want her to have a great life but I am really fearful for her future and that she won't get that chance because she is undocumented."
Dublin City Councillors were also recognised during the march for their recent December 6th motion to support undocumented migrants which the Council passed unanimously.* Councillor Rebecca Moynihan, the proposer of the DCC motion stated, "It would be disingenuous of us to support a similar campaign for Irish undocumented in the US while not extending the same consideration to undocumented migrants living in Ireland."
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Contacts:
Edel McGinley (MRCI Project Leader) - 087 748 5695
Bill Abom (MRCI Deputy Director) - 083 002 9859
Photographs available on request.
*Notes for Editors:
Text of the recent motion passed by Dublin City Council: 6 December 2011
This Council supports the undocumented Irish campaign in the US to introduce an earned regularisation scheme. This Council also notes with concern the high numbers of undocumented families and children living in Ireland without rights and under tremendous stress and fear. This Council supports the introduction of an earned regularisation scheme in Ireland, based on criteria set down by the Department of Justice, so that undocumented migrants living in Ireland can participate fully in the social, political and economic affairs of the country. This Council asks that the Minister for Justice be written to upon the passing of this motion to inform him of Dublin City Council's support for an earned regularisation scheme.
Click here for more Information on the Justice for the Undocumented Campaign
Dáil Protest to mark International Day for the Abolition of Slavery - 2011
2 December 2011
Victims of Forced Labour call for laws against Forced Labour
Marking International Day for the Abolition of Slavery MRCI's Forced Labour Action Group staged a demonstration at the delay of the government in addressing the problem of forced labour. MRCI is calling on Minister Alan Shatter to recognise forced labour as a crime so that victims can be protected.
Forced labour is an extreme form of exploitation and involves deception, coercion, threats or actual physical harm, and debt bondage. It is a growing problem in Ireland. MRCI has delt with 160 cases of forced labour over the last six years.
Gráinne O' Toole of the MRCI stated, "In a recession forced labour flourishes and becomes harder to detect. The failure of the state to bring in a law that makes forced labour a crime sends a strong message to employers that treating people as virtual slaves will be tolerated. In effect, it gives employers a green light to exploit workers. A law is needed to break the chain of forced labour in Ireland."
Anele Jackiel of the MRCI's Forced Labour Action Group stated, "I experienced forced labour at the hands of my former employer in Ireland. I am protesting today to show the public what is happening to workers and to ask the government to act. We need a law against forced labour to ensure that victims of forced labour are protected and have the confidence to come forward and report this crime. Victims are very fearful of coming forward because of the lack of protections in place."
Muhummad Younis speaking at the event stated, "I have been away from my family for nine years. I put up with abuse and threats from my employer. I have been fighting for justice for the last two years yet the government have not yet heard my plea. I will not stop until the law protects victims of forced labour.
Gráinne O' Toole added, "The government is in breach of Irish and international law by failing to put in place a law against forced labour. We call on the Minister Shatter to bring in this law urgently and protect the victims of this heinous crime.
ENDS
Contacts:
Gráinne O'Toole (MRCI Project Leader; Workplace Rights) - 086 867 8883
Bill Abom (MRCI Deputy Director) - 083 002 9859
Pictures were taken at the protest. Please contact Laura on 01 8897103 or communications@mrci.ie
Background Information
Forced labour is defined by the International Labour Organisation (ILO) Convention (No. 29) concerning Forced or Compulsory Labour
"...all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily."
In effect, forced labour is a severe form of exploitation where a worker performs work against their will under threat.
The ILO has developed indicators to detect forced labour as follows:
- Threats of or actual physical or sexual violence.
- Restriction of movement and confinement, to the workplace or to a limited area.
- Debt bondage: where a worker works to pay off debt or loan, and is not paid for his or her services.
- Withholding of wages, refusing to pay the worker at all or excessive wage reductions.
- Retention of passports and identity documents.
- Threat of denunciation to the authorities.
The International Labour Organisation's (ILO) Convention No. 29(1930) and Article 4 of the European Convention on Human Rights requires forced labour be punishable as a criminal offence. There is no law in Ireland that makes forced labour a criminal offence.
MRCI releases profile report on undocumented migrants in Ireland - 2011
25 November 2011
Today, the Migrant Rights Centre Ireland (MRCI) has released a profile report on undocumented migrants in Ireland based on data collected from 1,250 undocumented migrants seeking assistance from the MRCI over a two year period (2009-2011) together with a recent survey conducted with over 100 undocumented migrants.
The information gathered from 1,250 undocumented migrants shows the following regarding nationality, gender, age, years in Ireland, county of residence and job sector.
• Nationality: Undocumented migrants originated from over 75 nationalities. Philippines (16.9%), China (13.7%), Ukraine (8.3%), Pakistan (6.1%), Moldova (5.9%) and Brazil (5.2%) were the largest nationalities.
• Age: The average age of undocumented persons was 37 years. 75% were over the age of 30. The largest group of undocumented migrants were between the ages of 31-40 (38.6%) followed by 41-50 (28.3%) and 19-30 (23.7%).
• Gender: 34% of undocumented migrants were women and 66% were men.
• Number of Years in Ireland: The number of years migrants have been undocumented in Ireland ranged between 0-13 years. 87% of undocumented migrants have been in Ireland for 4 or more years.
• County of Residence: Undocumented migrants came from all 26 counties in Ireland. The highest numbers were from counties Dublin (73.2%) followed by Kildare (4.6%) and Galway (3.6%). Note: MRCI's offices are based in Dublin and may influence these figures.
• Job Sector: Restaurant and catering (34.0%) was the largest job sector for undocumented migrants followed by domestic work (15.1%), cleaning and maintenance (6.6%), construction (6.4%), and shop and retail (5.8%).
More in depth data regarding family situation, employment and future plans was gathered from a survey conducted with 100 undocumented migrants.
• Martial status: 43% of those surveyed indicated they were married. Of those who were married, 62% were living with their spouse in Ireland.
• Children: 58% of respondents had children under the age of 18 and of these 50% had children who were born in Ireland.
• Employment: 85% of all of those surveyed were in some form of employment in the state. Of those in employment, 64% had been in the same employment for over 2 years and 21% had been in the same employment for 5 years or more.
• Taxation: 48% indicated that their employers were paying income taxes and PRSI contributions for them.
• Income: 52% of respondents had an income of less than €300 per week. 33% were families with children including one family with four children who had an income of less than €200 per week.
• Plans for the Future: 95% stated that they intended to remain living and working in Ireland.
"There are an estimated 30,000 undocumented migrants in Ireland but data on them is scarce," says Edel McGinley, MRCI's Irregular Migration Project Leader. "This is the first comprehensive profile on undocumented migrants in Ireland."
Ms. McGinley continues, "Most assume undocumented migrants are mainly young, single and male. Our data shows a much broader and diverse reality of the undocumented migrant population in Ireland which tends to be older with significant numbers of women and with large numbers of families with children who have been settled in Ireland for several years."
CLICK HERE TO VIEW THE FULL REPORT
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Contacts:
-Edel McGinley, MRCI Irregular Migration Project Leader (087 748 5695)
-Bill Abom, MRCI Deputy Director (083 002 9859)
-Undocumented migrants from the Justice for the Undocumented Campaign Group* are also available for interview.
Editor's Notes:
MRCI's Justice for the Undocumented Campaign Group*
Over the past year hundreds of undocumented migrants have come together to initiate a campaign to work for a solution for all undocumented migrants in Ireland. The Justice for the Undocumented Campaign Group is specifically campaigning for the government to introduce an earned regularisation scheme that would give undocumented migrants and their families living in Ireland a window of opportunity to come forward and earn their way to permanent residency status.
Click here for more details on the Justice for the Undocumented Campaign and Earned Regularisation
Young immigrants launch film about their experiences in Ireland - 2011
11 November 2011
One hundred and fifty people attended the premiere of Making Ireland Home, a film exploring the experiences of young immigrants last night in the Film Base, Temple Bar. The film, produced by eleven immigrants between the ages of 18 and 25 from MRCI's mPower Youth Project, reveals experiences of isolation, racism, barriers in education and in accessing residency and citizenship whilst exploring identity and sharing hopes for the future.
Some statements by young immigrants in the film:
"It's kind of difficult to know my place. Am I equal or am I an outsider?"
"I kind of just start hating myself and wished I was white."
"You have to establish your rights at every point of the ladder."
"I think Ireland is changing and it's going to be a new Ireland and I am part of that."
One of the young film makers, Nally Silva, originally from Brazil now in 1st year nursing in UCC said, "By getting involved in the film I found that I wasn't alone and that other young people shared similar experiences of coming to Ireland. This film captures our hopes, dreams and aspirations for a future we all see in Ireland."
According to Mary Cunningham, director of the National Youth Council of Ireland who officially launched the film, "Making Ireland Home highlights important issues not only for youth workers and youth work organisations but for all of Irish society. It reminds us that in a multicultural Ireland young people have different experiences of growing up in this country. It also reminds us of how powerful and insightful the voices of young people can be in offering hope, ideas and solutions that need to be heard."
Helen Lowry, Community Work Coordinator of the MRCI said, "These stories, shared with humour and honesty, give insight into some of the problems young immigrants face in Ireland where they have put down roots. Their stories challenge us to strive for an Ireland where all young people can realise their hopes and aspirations."
The mPower Youth Project is funded under the European Integration Fund.
ENDS
Contact
Helen Lowry, MRCI 086 873 8366
Ex-employee of Conrad Gallagher Finally Paid Wages Owed, after Threat of Public Demonstration - 2011
4 July 2011
Rishi Mohiputlall, from Mauritius, was finally paid wages due to him for over a year by celebrity chef Conrad Gallagher, after a public action outside Gallagher's restaurant Salon des Saveurs on Aungier St. was postponed last Friday lunchtime.
Mr Mohiputlall worked in Gallagher's restaurant for a period in 2010, and had still not been paid. Following numerous attempts to retrieve his wages, including an official complaint to the Labour Relations Commission, Mr Mohiputlall decided to go public on the issue.
Last Friday's action was organised by the Restaurant and Catering Workers Forum, established by SIPTU and Migrant Rights Centre Ireland (MRCI), to support Mr Mohiputlall in trying to obtain his wages and to draw public attention to such practices in the restaurant industry.
Reacting to the news that Mr Gallagher had transferred wages owed in full to the worker's account, Mr Mohiputlall said, ‘I am very happy to finally have received the money I was owed, but I believe it shouldn't be so difficult to simply get paid your wages. I was very grateful for the support of fellow workers in the Restaurant and Catering Workers Forum. If workers stand together and support each other, it's good for all of us and we can stop these types of abuses. These are tough times for low-paid workers and we need to take a stand together.'
Ms Helen Lowry of MRCI said, "We are delighted for Rishi that he has finally been paid, however we believe that it should not take over a year of repeated attempts, a legal case at the LRC, and finally the threat of public denunciation to ensure that employers pay their staff their wages. This is not an isolated incident - our experience shows that non-compliance in the restaurant industry continues to be a real problem, and must be addressed. This can be done by workers organising collectively for change, joining a trade union, and reporting abuses to the authorities.'
According to Pat Ward of SIPTU, ‘This experience shows that, now more than ever, we must ensure protections remain in place for low-paid workers who need them most. The Restaurant Association of Ireland, who has led recent attacks on workers' wages and conditions, should spend more of its time trying to get restaurants to comply with existing labour law rather than cut workers' wages.'
The Restaurant and Catering Workers Forum believes that a successful industry is possible while providing fair and decent conditions for workers.
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Contact:
Delphine O' Keeffe - 087 241 0039
Pat Ward (SIPTU) - 087 228 3484
Rogue Restaurant Employers Like Conrad Gallagher Must Be Stopped - 2011
1 July 2011
The Restaurant and Catering Workers Forum, established by SIPTU and Migrant Rights Centre Ireland (MRCI), is organising a lunchtime ‘name and shame action’ today outside Conrad Gallagher’s restaurant, Salon des Saveurs on Aungier St, in support of a worker who is owed wages by the celebrity chef.†
Rishi Mohiputlall, from Mauritius, worked in Mr Gallagher’s well known restaurant for over a month in 2010, and has still not been paid. Following numerous attempts to retrieve his wages, Mr Mohiputlall took a case under the Payment of Wages Act in the Labour Relations Commission. His complaint was upheld by the Rights Commissioner who required Mr Gallagher to pay Mr Mohiputlall his wages. Mr Mohiputlall has still not been paid, two years on.
"I have tried every avenue to get my wages from my former employer," says Mr Mohiputlall. “Today I am saying enough is enough, it is wrong to treat a worker, another human being this way. I did not sign up to work for free, and I am disgusted by the way that I have been treated by Conrad. I worked hard for him, all I want is what is owed to me”. Mr Mohiputlall continued, “I also want to take a stand so that other workers are encouraged to come forward and report these types of abuses.”
Supporters will join Mr Mohiputlall outside the restaurant today, to show their solidarity and ask for justice to be done. According to MRCI’s Helen Lowry, “Understandably, Rishi wants to be paid for the work he was employed to do in Salon Des Saveurs. As a member of the Restaurant and Catering Workers Forum he has asked for support to bring his case to public attention in the hope it will help him secure the money owed to him, but also to highlight such practices in the restaurant industry,”
Ms Lowry continued, “Restaurant industry representatives are out there trying to undermine workers’ terms and conditions, when their time would be better spent calling for minimum decent standards for those who cook and serve the food. Exploitation in the restaurant industry is a real problem, as highlighted by NERA and ourselves (See Note below). This is the real issue that needs urgent attention.”
According to Pat Ward of SIPTU, "this type of non-compliance is shameful, particularly at a time when the restaurant industry is driving an attack on minimum wages and basic protections for workers, while lower-wage workers are struggling to survive. Rishi’s experience shows that, now more than ever, we must ensure protections remain in place for those who need them most." He went on to caution, “the Restaurant Association of Ireland, who has led recent attacks on workers’ wages and conditions, should spend more of its time trying to get restaurants to comply with existing labour law rather than cut workers’ wages”.
The Restaurant and Catering Workers Forum believes that a successful industry is possible while providing fair and decent conditions for workers. They will be asking fellow chefs, workers and restaurant owners to join them at lunchtime today to support their fellow worker in his fight for justice and their call for fair and decent wages and conditions for restaurant workers.
ENDS
Contact:
Delphine O’Keeffe (MRCI) – 087 241 0039
Pat Ward (SIPTU) – 087 228 3484
Note for Editors:
• Background to the Restaurant and Catering Workers' Forum
The Restaurant and Catering Workers Forum was set up earlier this year by the Hotel Catering Arts Leisure and Entertainment branch of SIPTU, and the Restaurant Workers Action Group of the Migrant Rights Centre Ireland. The Forum is committed to working together to protect working conditions and rates of pay for all restaurant and catering workers. We are fighting back against the consistent and aggressive attack on workers' wages by industry bodies such as the Restaurant Association of Ireland, and to ensure workers voices are heard
• There is a serious issue regarding non-compliance with employment law within the restaurant sector.
o NERA found breaches of employment law in 73% of catering businesses in 2008. Compliance rates remained at a problematic low of 21% in 2009, amongst the lowest in any sector.
o MRCI’s 2008 research based on the results of 115 one-hour surveys of migrant workers employed in restaurants; 53% earned less than the minimum hourly wage, 45% worked 9 hrs or more per day, 85% did not receive extra pay for Sunday work, 84% did not receive a contract of employment, 44% did not get rest breaks
Action outside Conrad Gallagher restaurant postponed - 2011
1 July 2011
Regarding the non-payment of wages to Mr Rishi Mohitpulall by Mr Conrad Gallagher.
The action due to take place at Salon des Saveurs at 1pm today has been postponed, to enable Mr Gallahger to fulfil his commitment to pay Mr Mohitpulall his wages owed in full, by 1pm, Monday 4th July.
Further details will be circulated after this date.
Contact
Delphine O’ Keeffe - 087 241 0039
Pat Ward (SIPTU) – 087 228 3484
Rostrevor workers welcome commitment to fast track Whistleblower legislation - 2011
July 2011
The Commitment to fast track Whistleblowers legislation announced this week has been welcomed by the Migrant Rights Centre Ireland and former employees of Rostrevor Nursing Home.
‘We took a stand against the abuse of vulnerable older people and the price we paid was to lose our jobs and livelihood's said Victoria Manzano. ‘The hurt we feel at being punished not protected for doing the right thing in speaking out is indescribable' she went on to say.
Siobhán O' Donoghue, Director of MRCI speaking on the issue said ‘many workers feel that they are powerless in reporting wrongdoing. We come into contact with migrants every day who experience exploitation and who are treated appallingly when they try to challenge abuse of power. Speaking out against abuse involves taking a huge risk and requires tremendous courage. The allegation is usually denied, the person invariably looses their livelihood and is at risk of becoming undocumented if on a work permit'.
In welcoming the forthcoming Whistleblower legislation Mary Jean Martinez said ‘this is good news and I really hope it will give greater protection to whistle blowers in the future. However it will not assist with our current situation. I and a number of my former colleagues are extremely anxious about finding work and having an income to support ourselves and our families. We understood from media comments made by Minister for Health, James Reilly that there would be some support with finding work. This has not materialised'.
Ms O' Donoghue stated ‘ these people did the sate a service in speaking out and taking action. At the very least they deserve the practical support of the state in moving on with their lives'. The government has the opportunity to send a strong message of support to whistleblowers by not only introducing this necessary legislation but to also put in place the practical supports vital for whistleblowers to feel protected and secure.'
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Contact:
Siobhán O' Donoghue 087 6777463



