The Workplace Relations Commission has directed that over 20,000 euro in compensation be paid to an Egyptian fisherman employed on an Irish vessel for breaches of his working time and payment of wages legislation.
Egyptian national Ali Rezk (63) was awarded the sum for breaches on the part of his employer, fishing vessel owner and retailer Seán Doran.
Rezk was employed under the atypical work permit scheme, and worked as a fisherman from December 22nd, 2016 to August 15th, 2019.
Legal representatives for Rezk claimed that he was not paid in accordance with the National Minimum Wage Act, he was not paid for hours that he worked, he was not compensated for public holidays and he did not receive the correct holidays.
In his response to the Workplace Relations Commission (WRC), Seán Doran stated that the boat did not operate to full throttle, and the hours were based on work and call outs.
He said the fish catch was very limited, so the hours worked were much less than the hours that are claimed, and “boredom” was factor on this boat due to the small amount of work.
He said there was plenty of rest available as it was a small boat, and Rezk was facilitated with his religious practices and food.
He said Rezk “stopped working for prayers”, he was “a sports fan and he was given time to watch the football matches” and this “was not a profitable business and the prawn vessel "washed its face".
Doran stated that while Rezk was on shore they couldn’t put him in the shop because of his poor English.
He said Rezk was given three to six hours work per day in the factory and was paid for eight hours, was always welcome in the restaurant and not charged for food except for cigarettes and the lotto.
Doran said that the company had up to ten trawlers and never had any labour issues.
Doran said that no records were kept for the vessel, an issue which the WRC inspector drew attention to in his ruling.
Noting the “conflict of evidence” in the case, the WRC inspector said there was a duty to maintain records of hours of work under S.I. No. 709/2003 – European Communities (Workers on Board Sea-Going Fishing Vessels) (Organisation of Working Time) Regulations 2003.
“Based on the claim as presented by the complainant, I find, on the balance of probabilities, that the complainant worked an average of 17 hours a day while at sea and eight hours day while on shore,” the WRC inspector said and this exceeded 72 hours per week as is provided by SI 709/2003.
“I find that this is an industry that is subject to some very challenging weather conditions and the safety of fishermen is of paramount importance,” the WRC inspector said.
He said that it is “essential that fishermen are protected against working excessive hours which may cause them to make errors in their work which could negatively impact on their safety and that of their colleagues”.
He found Rezk was due over €5,364 in addition to a smaller amount for public holidays for unpaid hours, and he should be paid another €15,000 compensation by his employer for breaches of his rights “which is to serve as an effective, dissuasive and proportionate deterrent”.
Rezk had also claimed he was not paid in accordance with national minimum wage legislation, but the WRC said the claim was not well-founded as he did not seek a written statement of his hourly pay.
The International Transport Federation (ITF) said it had a mixed reaction to the WRC decision, due to restrictions in the current legislation.
ITF fisheries campaign lead Michael O’Brien said that under the current Workplace Relations Act 2015, the “cognisable period” that the WRC can retrieve unpaid wages for is normally only the six months prior to a complaint being submitted, or twelve months in extenuating circumstances.
In this instance, the WRC adjudicator was limited to compensating Rezk just over €5,500 for just the final six and a half months of the total 33 months that the fisher was employed aboard the vessel, O’Brien noted.
“If we are to end the routine exploitation of fishers the law needs to provide for 100% retrieval of unpaid wages and entitlements,” O’Brien said.
