A Workplace Relations Commission (WRC) decision to award a Kerry restaurant worker over 23,000 euro (€23,130) has been overturned.
Suman Bhurtel, originally from Nepal, worked as a chef de partie at Chicken Club on the Main Street of Castleisland for several years up to 2024.
On consulting with the Migrant Rights Centre, Mr Bhurtel learned of the redress options open to him in respect of the alleged breaches of his employment rights.
A referral to the WRC was made on his behalf very shortly thereafter.
Last year, the WRC awarded him €23,130 in total compensation, including for the underpayment of the minimum wage, Sunday premiums, public holidays and annual leave.
Chicken Castle Limited, trading as Chicken Club appealed the decision to the Labour Court.
The Labour Court judges have now ruled that Mr Bhurtel not knowing the law was not a good enough reason for the time limit to bring a case before the WRC to be extended.
The three judges upheld Chicken Club’s appeal and set aside the financial award as the claim was, in fact, statute-barred.
