A migrant fisherman performing on a prawn boat off the Dublin coast has instructed the Office Relations Fee that he and two colleagues labored up to 17 hours a day at sea and are owed €140,000 in unpaid wages.
The fisherman created a photograph of what he said was a blank time sheet that his employer informed him to signal. A solicitor for the employer stated that the photographed kind in simple fact prompt that there was no fishing during the time period in issue.
The three fishermen labored aboard the Skerries-primarily based trawler Nausicaa. They assert the statutory functioning time data for the trawler are not accurate and that they are collectively owed about €140,000.
Khaled Elagamy, Mohamed Shokr Ghonim and Salem Elfeky have all lodged issues below the Payment of Wages Act and the Countrywide Minimal Wage Act towards the vessel’s proprietor, Richard Brannigan. Mr Brannigan denies any breaches of work regulation and maintains all three of the males were thoroughly paid out.
Offering proof to a listening to at Lansdowne Household, Dublin 4, on Thursday, Mr Elagamy said he experienced labored as a share fisherman for Mr Brannigan from 2014 to 2016 when he was put on a contract in line with the government’s operate allow plan for undocumented crew in the sector.
His trade union agent, Michael O’Brien of the International Transport Workers’ Federation, requested the witness whether or not he was specified a monthly sort with his hours of get the job done and relaxation durations in line with the prerequisites of the plan.
“I get a type empty and I indicator with nothing crammed in it,” replied Mr Elagamy, introducing in response to even more questioning that he “didn’t see any recorded hours on the sheet”.
He confirmed he experienced photographed such a variety, which was included in the complainant submissions.
Mr Elagamy claimed that when the Nausicaa was on the fishing ground the crew would get the job done up to 20 hrs a day, accomplishing four shots of the web and functioning to quality and thoroughly clean the capture for some three several hours soon after bringing it aboard.
Mr O’Brien place it to him that Mr Brannigan taken care of that there have been days when the boat was at sea and he was not at do the job. “No, the boat can’t get the job done devoid of us,” replied Mr Elagamy.
Mr O’Brien questioned his shopper about two dates in Could and August 2021 when the employer’s documents indicated he experienced not been at work when he explained the Nausicaa experienced been at sea.
Mr Elgamy mentioned he had been at operate on equally dates and extra: “How could I be on the boat and not doing the job?”
Processing the capture
He said that in addition to hauling the nets and processing the capture, he also had to do his share of observe-preserving and steering the vessel — a duty which he said could very last an hour or up to three or 4 hrs. Although at sea, he stated, he got just 7 hours’ rest in the area of a 7 days.
Mr Elagamy was cross-examined by Ruairí Cathán of Conway Solicitors, for the respondent, who put it to him that his trade union experienced supplied a photograph argued it was a blank sort.
“You offered this, which is not significantly clear. I won’t be able to make out the date. I are unable to make out the reviews on the correct-hand facet of [the] sheet,” he reported.
“I do know that appears very like ‘NF’ and ‘NF’ means ‘no fishing’ and on that foundation if there is no fishing there’s going to be no hrs stuffed out, so that is why that seems to be blank,” he claimed .
He manufactured what he reported was a “very clear duplicate” of an illustration of the sort in respect of an NF period.
Mr O’Brien objected to the creation of the time sheets at this phase, arguing that his facet did not have possession of the materials the employer was looking for to introduce. The adjudicating officer agreed, with “great reluctance”, to adjourn the hearing to let the complainants time to review the time sheets.