Glenties takeaway fined after illegal worker found in kitchen

A Donegal company has been fined after man who did not have the required work permit was found working in a Glenties takeaway.

The Department for Enterprise, Trade and Employment took legal action against Pal Takeaway Limited.  

A Workplace Relations Commission inspector told Glenties District Court that he and a colleague attended Pizza Max in Glenties for a routine unannounced inspection on January 10, 2022. 

One individual was observed in the kitchen. The employee identified himself as an Indian national.

He told the inspectors, who queried him over being employed as a non-EEA National, that he did not have documents permitting him to work. He claimed that he had been an asylum seeker for six years.

When the inspectors returned again on January 17, 2022 the same individual was present on the premises.

The man had named Carpal Singh as his employer. The workplace inspectors arranged to meet Mr Singh on February 8, 2022. 

The court heard that Mr Singh identified himself as a director of Pal Takeaway Limited and produced a series of records of employees and showed payslips.

Suspecting an offence, an inspector cautioned Mr Singh at 3.05pm. 

Singh told inspectors that the man in question was not an employee. He said he worked there sometimes and received cash, but did not take a wage. Singh would not disclose how much cash he gave to the man and inspectors were satisfied that an offence had occurred.

A solicitor representing Pal Takeaway Limited said the man was not a full-time employee. He said while the man was on the premises, there was no structured employee regarding the individual.

Judge Éiteáin Cunningham pointed out that the man was the only person on the premises on one of the occasions the inspectors arrived.

On each of two summonses, Pal Takeaway Limited was convicted and fined €250. The company was also ordered to pay costs of €750.