Two Zimbabwean healthcare workers who travelled to Ireland after being promised jobs have had compensation awards of more than €30,000 each upheld by the Labour Court.
Tatenda Ncube and Brenda Mubaiwa were among nine Zimbabwean workers who took cases against Unity Healthcare, claiming they were left without employment or enough money to meet their basic needs after travelling to Ireland.
The workers had been recruited by Unity Healthcare, which held a contract with Tusla, Ireland’s child and family agency, to provide emergency care for vulnerable children.
They were told they would work at a centre in Virginia, County Cavan.
However, the workers said the promised jobs did not materialise and that Unity only informed them almost a year after their arrival that its contract had been cancelled.
They also claimed they were prevented from finding alternative employment because Unity delayed providing letters required under Ireland’s employment permit regulations.
The Workplace Relations Commission (WRC) awarded the nine workers a combined €273,780, or €30,420 each.
The awards represented twice the wages the workers said they were owed during the six-month period for which compensation could be claimed.
The WRC described the company’s treatment of the workers as “particularly egregious”.
Unity Healthcare appealed the decisions to the Labour Court.
In decisions published on the first three appeals, the court overturned the award granted to Silibaziso Nondo after finding that she had secured employment with another company a month before the period covered by her complaint.
The court said her move to another employer had ended the employment relationship with Unity and therefore the WRC had no jurisdiction to hear her claim.
However, the appeals involving Ncube and Mubaiwa were rejected because Unity lodged them one day after the statutory 42-day deadline.
Unity director Bruce Magama told the court he had initially believed a firm of solicitors would lodge the appeals on the company’s behalf.
He said the company was informed two days before the deadline that the solicitors would not handle the matter.
Magama then attempted to complete the appeals himself but was unable to do so within the remaining two days.
He argued that the circumstances amounted to “exceptional circumstances” and should allow the Labour Court to extend the deadline.
The court rejected the argument.
In a decision signed by Labour Court deputy chair Niamh McGowan, the court said no valid explanation had been provided for the delay.
It said the reasons given by the company did not amount to exceptional circumstances that would justify extending the statutory deadline.
During the original proceedings, Unity argued that it had attempted to prevent the workers from travelling to Ireland after discovering there would be no work for them.
The workers disputed this account.
They said they had been required to contribute towards the cost of employment permits and accommodation before travelling and were subsequently left without an income.
The situation caused severe financial hardship, with one worker telling the court there were periods when she was left “wondering where you’re going to get your next meal”.
Six other cases brought by Zimbabwean workers against the company were heard at later dates, but decisions have not yet been published.
At the time of the WRC rulings, Pretty Ndawo of the Migrant Rights Centre Ireland, which represented the workers alongside DJM Legal, called for stronger protections for migrant workers recruited to Ireland through the employment permit system.