Courts / Ireland / Report

Migrant fisherman worked 427 hours in one month

Summary

In a 2022 decision, the Workplace Relations Commission ruled that Habbib Kannas, a 41‑year‑old Egyptian migrant fisherman, was unfairly dismissed by OF Fishing Ltd and that the company breached the Organisation of Working Time Act by failing to pay him holiday pay for July 2020. The tribunal accepted Kannas's evidence that he worked 427 hours in that month, averaging 18‑20 hours a day on the trawlers Verlaine and Ocean Harvester II during six‑day fishing expeditions. It ordered the company to pay him €350 for the unpaid holiday pay and €6,476 for the unfair dismissal. The adjudicator declined to rule on further claims of excessive hours, lack of rest breaks, or a €37,000 back‑pay claim, citing lack of jurisdiction and the fact that fishers are exempt from working‑time regulations by ministerial order. The decision did not address any subsequent legal actions or outcomes beyond the award of the specified sums.

Who, what, where, when and why

What: Report matter: Migrant fisherman worked 427 hours in one month. Procedural stage: hearing_or_decision

When:

• July 2020 Other
• April 2021 Other
• 2018 and 2020 Other
• Christmas Other
• 2022-12-15 Publication

Why: However, she wrote that the National Minimum Wage Act required a claimant to write to their employer seeking a statement of their average hourly rate of pay in order to pursue a claim. CNI source report

Case subjects

Topics

Stage Hearing Or Decision

Read the original CNI report