More than 80 per cent of migrant workers who attempt to vindicate their rights following mistreatment by an employer are successful, new research shows.
The first detailed analysis of migrant workers' experiences in the State's dispute resolution services shows an alarming level of wrongful dismissals, underpayment and mistreatment.
The figure for successful cases is significantly higher than the average, according to research commissioned by the Labour Relations Commission.
The report's author, Mary Hyland found that despite fears among migrant workers about taking official action over alleged mistreatment, figures showed their experiences were largely positive.
"This indicates that the system does work to vindicate those who are wronged; that where an exploited worker has the capacity, the wherewithal and the support to see a claim through the full process, there is a very strong likelihood that he/she will have the wrong acknowledged and be awarded redress," she said.
The report notes that the majority of established employers in the State employing migrant workers are operating legally and honourably and meeting their obligations. However, the majority of those who do engage in exploitative practices tend to be running small-scale operations and have little familiarity with employment law.
A two-year analysis of cases shows most of those employers run businesses such as owner-run restaurants, pubs and hotels, fast-food outlets, sandwich bars, newsagents, service stations, nursing homes, farms and small transport com-panies. Although there were some cases involving larger-scale firms in retail, hotel, industry and construction, these were very much in a minority. There were also a substantial number of claims of exploitation in the domestic service area.
