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Bernardine and Thomas McCormack ordered to pay au pair over €5k

24

Comments

  • Registered Users, Registered Users 2 Posts: 68,173 ✭✭✭✭seamus


    The fact that he thought 4 weeks notice was required because "That's what I had to give when I left Dunnes", says it all really.

    Clueless people without the slightest shred of common sense or decency. You don't have to know that an au pair is an employee to know that someone doing 54 hour weeks in your house for very little pay is being exploited. There's no excuse for it.

    The problem is rooting this stuff out. The kind of stupid or malicious people who will do this are the kind that won't go through an agency. And someone arriving in the country off their own bat isn't going to know the law.

    Maybe the LRC should be going into language schools and explaining their rights and how to get help, encouraging immigrant communities to talk to new arrivals about it, and so forth.

    I generally understand a solicitors' obligations in regards to protecting their client's interests, but this couple's solicitor tried to argue that the au pair didn't have the protection of the law, because the hours they made her work meant that she was in breach of her contract.

    How can anyone stand up in court and make that argument without running home to scrub themselves in bleach afterwards?


  • Registered Users, Registered Users 2 Posts: 8,841 ✭✭✭Fann Linn


    voz es wrote: »
    A reported 54 hours a at an effective hourly rate of €2.78 then when the Brazilian au pair quits, they demanded €540.00 from them because they didn't give enough notice.

    I think it is a disgusting way to treat another, glad they had to pay up.

    https://www.rte.ie/news/ireland/2018/0201/937665-labour-court-au-pair/

    Entrepreneurs no doubt.


  • Posts: 12,694 ✭✭✭✭ [Deleted User]


    They wanted cheap child care there is no such thing, they live in Milltown so perhaps not badly off or more likely have a large mortgage to live there. Childcare for three children some of whom were of school age could be around 300 euro a week if not more.


  • Administrators Posts: 56,594 Admin ✭✭✭✭✭awec


    theteal wrote: »
    €150 a week??? They pulled some stroke there.

    Our nursery is £70 a day!

    I think if Au Pair is done correctly you're supposed to house them and feed them for free, basically treat them like they're part of the family.

    As far as I remember the lodging can be offset against what they should be paid, which is why they can appear to be paid poorly in money terms.


  • Closed Accounts Posts: 369 ✭✭Ineedaname


    I'm no fan of compo culture but in this case I think additional damages would have been fully justified for this girl

    Realistically she’ll probably never see a penny. I’ve dealt with people like them before and they don’t believe in handing over money.

    You can get all the court orders you want. If someone doesn’t want to pay you they’re not going to.


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  • Administrators Posts: 56,594 Admin ✭✭✭✭✭awec


    mariaalice wrote: »
    They wanted cheap child care there is no such thing, they live in Milltown so perhaps not badly off or more likely have a large mortgage to live there. Childcare for three children some of whom were of school age could be around 300 euro a week if not more.

    The whole point of an Au Pair is that it's cheap child care.

    If you're willing to have someone move in and live with you, and you're willing to give up your spare bedroom and feed them etc then it'll cost a lot less than traditional child care.


  • Registered Users, Registered Users 2 Posts: 13,226 ✭✭✭✭jmayo


    I think the world needs to know what cheap bast**ds that walk on other people look like.

    000f5223-800.jpg

    The guy in the middle is their solicitor.

    I am not allowed discuss …



  • Registered Users, Registered Users 2 Posts: 9,252 ✭✭✭FTA69


    Disgusting f*cking animals, and probably masquerading as pillars of the community at the same time.

    Unfortunately this carry-on is the tip of the iceberg. One of the first things I did with my trade union over here was work as a volunteer English tutor with our Domestic Workers Branch and the stories they had were bloody harrowing. Mostly Filipina and Moroccan women working for wealthy Arab families in London; contacting the branch's private helpline before jumping out of windows and running off into the night with nothing but the clothes on their back. I've heard stories of women being beaten with frying pans, passports destroyed and the whole lot. One poor woman was molested by the husband and when the wife began to suspect viciously beat her in a jealous rage. Some of the women literally had to sleep on a mattress under the stairs. And while we're predominantly discussing Emirati Arabs, there were more than a few wealthy Brits up to this craic as well.

    Here's an article by the branch secretary, Marissa Begonia on what she deals with.

    https://www.theguardian.com/commentisfree/2012/mar/11/domestic-workers-visas-employer


  • Posts: 12,694 ✭✭✭✭ [Deleted User]


    awec wrote: »
    I think if Au Pair is done correctly you're supposed to house them and feed them for free, basically treat them like they're part of the family.

    As far as I remember the lodging can be offset against what they should be paid, which is why they can appear to be paid poorly in money terms.

    They can not be employed to provide full time child care that is the nub of the matter.

    My nice works as a nanny and is paid more than a primary school teacher and has very good conditions.


  • Closed Accounts Posts: 4,949 ✭✭✭ChikiChiki


    An ex of mine who has now made a successful career in accounting here had the same problems when she first arrived to Ireland as an English student back in 2011. She worked 9/10 hour days for €120 a week and the wench she worked for threw tantrums and abused her if she didn't have the 3 storey house cleaned top to bottom each day.

    There certainly was lots of this going on a couple of years back.


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  • Registered Users, Registered Users 2 Posts: 17,495 ✭✭✭✭eviltwin


    People like them make me sick. It really does take an absolute scumbag to exploit someone like this for a prolonged period of time.

    On another note I can't understand solicitors who defend people like this in court. How can you work towards helping people like this knowing what they did.


  • Posts: 12,694 ✭✭✭✭ [Deleted User]


    awec wrote: »
    The whole point of an Au Pair is that it's cheap child care.

    If you're willing to have someone move in and live with you, and you're willing to give up your spare bedroom and feed them etc then it'll cost a lot less than traditional child care.

    But its not full time child care and should not be seen as such if someone has an au pair because they work part time or all the children are in school ( what do they do on school holidays ) or if it is sublimating other forms of child care that is different. Also they are not a housekeeper they are expected to do some light housekeeping that is all.


  • Registered Users, Registered Users 2 Posts: 1,450 ✭✭✭AlanG


    This couple were obviously pretty nasty charging the woman when she left and they seemed to have a very bad attitude towards her. This is not representative of the vast majority of people who use Au Pairs.
    There is a real problem with the lack of legislation around Au pairs. Lots of Irish go abroad to work as Au Pairs, learn a language and get to know a society. It can be a great experience if both parties approach it correctly. With poor legislation around both language schools and Au Pairs combined with prohibitive child care costs it leaves many people with no choice but to take a risk. The alternative is a return to one partner having to give up work to raise kids, and this may result in the family loosing their home so is not really an option.
    The allowance for accommodation is only 54.13 per week which means that the value of providing food and board in Dublin can not be taken into account against the minimum wage requirements. This leaves many families in a near impossible situation due to government inaction.

    Many people seem to have no problem using gig economy apps such as uber and deliveroo to exploit vulnerable workers but then get very preachy and judgemental when it comes to childcare.


  • Closed Accounts Posts: 4,949 ✭✭✭ChikiChiki


    well they actually charged her 540 to leave. They only took 510 because that is all the cash she had.

    Thats the worst bit. Absolute uncaring miserable scumbags is all I can say. Hope karma gets them good relatively speaking.


  • Registered Users, Registered Users 2 Posts: 13,226 ✭✭✭✭jmayo


    seamus wrote: »
    The fact that he thought 4 weeks notice was required because "That's what I had to give when I left Dunnes", says it all really.

    Clueless people without the slightest shred of common sense or decency. You don't have to know that an au pair is an employee to know that someone doing 54 hour weeks in your house for very little pay is being exploited. There's no excuse for it.

    There are anything, but clueless.
    They never make a mistake that costs them money.

    The guy claims that he thought that she would have to give 4 weeks notice like a Dunnes employee and yet somewhere else he claimed he didn't think she was an employee.
    At last month's hearing, Thomas McCormack told the Labour Court that he "hadn't a clue" that he was entering into an employer-employee relationship with Ms Generoso, or that a person working in his home had the same rights as other workers.
    Dirtbag.
    seamus wrote: »
    The problem is rooting this stuff out. The kind of stupid or malicious people who will do this are the kind that won't go through an agency. And someone arriving in the country off their own bat isn't going to know the law.

    Maybe the LRC should be going into language schools and explaining their rights and how to get help, encouraging immigrant communities to talk to new arrivals about it, and so forth.

    I generally understand a solicitors' obligations in regards to protecting their client's interests, but this couple's solicitor tried to argue that the au pair didn't have the protection of the law, because the hours they made her work meant that she was in breach of her contract.

    How can anyone stand up in court and make that argument without running home to scrub themselves in bleach afterwards?

    Ehhh he is a solicitor.
    Solicitors have represented the likes of Klaus Barbie, Jeffrey Dahmer, Fred West.

    A lot of them put prostitutes to shame and are willing to take anyone's money.

    I am not allowed discuss …



  • Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    I hope the au-pair got costs awarded to her as well, there's no mention of costs in the RTE report. It would be another blow if she had to pay her legal costs from her just award.

    Well for the past number of decades the labour court etc have no power to award costs “to keep it a lawyer free zone” the funny thing is the employer usually pays for a lawyer which mean the employee has to make a choice do the legal stuff or pay a lawyer and hope the award is enough to pay the lawyer and the bit left over is enough.

    Many lawyers take such cases knowing they will never get true value for the work.


  • Posts: 12,694 ✭✭✭✭ [Deleted User]


    The bottom line is they tried to get a nanny for the wages of a au pair but it the rest of it asking her for money when she left really make him nasty.


  • Closed Accounts Posts: 1,658 ✭✭✭Halloween Jack


    If you disregard the obvious nastiness of this particular case, the absolute state of our system of providing childcare here incentivises the whole au pair thing to be fair, especially when our giant Ponzi scheme of a housing market all but requires two income families.


  • Registered Users, Registered Users 2 Posts: 2,530 ✭✭✭dub_skav


    mariaalice wrote: »
    The bottom line is they tried to get a nanny for the wages of a au pair but it the rest of it asking her for money when she left really make him nasty.

    And asking for the money is probably what pushed her to bring this to court.
    If they had just treated her badly like so many others, she may have thought it best to just leave it and move on.

    Very glad it went this far and their behaviour was brought to light


  • Registered Users, Registered Users 2 Posts: 33,779 ✭✭✭✭Princess Consuela Bananahammock


    mariaalice wrote: »
    awec wrote: »
    I think if Au Pair is done correctly you're supposed to house them and feed them for free, basically treat them like they're part of the family.

    As far as I remember the lodging can be offset against what they should be paid, which is why they can appear to be paid poorly in money terms.

    They can not be employed to provide full time child care that is the nub of the matter.

    My nice works as a nanny and is paid more than a primary school teacher and has very good conditions.

    True, but there's a difference between a nanny and an au pair: a nanny will work more, be better paid and usually have recognised qualifications.

    An Au Pair is not a job, it's more of a cultural exchange and there's a limit to the number if hours they can work per week.

    What this couple wanted (and should have hired) was a nanny.

    Everything I don't like is either woke or fascist - possibly both - pick one.



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  • Posts: 5,853 ✭✭✭ [Deleted User]


    What this couple wanted (and should have hired) was a nanny.

    and from what I have seen of the way some Au Pairs are treated, a cook, a cleaner, a taxi driver, a gardener.........


  • Registered Users, Registered Users 2 Posts: 1,080 ✭✭✭MissShihTzu


    Champagne ideas. Beer money pockets...


  • Posts: 12,694 ✭✭✭✭ [Deleted User]


    Aegir wrote: »
    and from what I have seen of the way some Au Pairs are treated, a cook, a cleaner, a taxi driver, a gardener.........

    Gardening!!!


  • Registered Users, Registered Users 2 Posts: 24,515 ✭✭✭✭ted1


    awec wrote: »
    mariaalice wrote: »
    They wanted cheap child care there is no such thing, they live in Milltown so perhaps not badly off or more likely have a large mortgage to live there. Childcare for three children some of whom were of school age could be around 300 euro a week if not more.

    The whole point of an Au Pair is that it's cheap child care.

    If you're willing to have someone move in and live with you, and you're willing to give up your spare bedroom and feed them etc then it'll cost a lot less than traditional child care.
    It’s not that much cheaper. As alternatively you could also rent a room and receive 15k tax free and not have to feed some one.


  • Registered Users, Registered Users 2 Posts: 9,779 ✭✭✭MrPudding


    Neyite wrote: »
    An au-pair arrangement when it's done properly, can be a mutually beneficial arrangement but all too often it's exploitative and underpaid.

    They are supposed to be treated as part of the family, rather than formal childcare. They are supposed to get time to study/attend classes, live in the home and enough money for personal weekly expenses outside of accommodation and food costs.

    This greedy couple wanted a slave. I'm glad that she got awarded the full amount she should have been paid.

    Absolutely. We had a number if Au Pairs when we lived in Dublin and the vast majority of them were really positive for us and the Au Pairs. We are still in touch with quite a few of them. It is nice to see them start their own families.

    Aside from our own Au Pairs, we knew quite a lot of others working in Dublin. There are some absolute horror stories. One of the worst, I think, was a French girl who was an Au Pair for a Family in Skerries. She got a call one afternoon from the mother asking her to bring the three children into Dublin to meet them at a restaurant for dinner. She brought the kids (paying their travel form her own money). She arrived at the restaurant and met the parents. The parent took the kids into the restaurant without a word, and left her standing in the street. Absolute scum.

    MrP


  • Posts: 5,853 ✭✭✭ [Deleted User]


    mariaalice wrote: »
    Gardening!!!

    oh yeah, I have met people who expect their au pair to cut the lawn, clean the house, pick the kids up from school and have dinner ready for them when they get in from their pilates class


  • Closed Accounts Posts: 418 ✭✭cycle4fun


    I know a couple, both are teachers, and they exploit a poor au pair too, paying her very little and expecting all the work in the house done while the parents live the high life. Absolute scum.


  • Registered Users, Registered Users 2 Posts: 3,862 ✭✭✭mikhail


    This girl was clearly mistreated, and I have no sympathy for the couple who employed her.

    However, I am curious on one point. The court ruled she should receive minimum wage for the hours she worked. However, it didn't make any allowance for the fact that she was receiving food and board, which is a bloody expensive set of costs to have relieved these days. Would they have been in the same trouble if instead of €150 for 50+ hours work a week, they'd paid her €500 and charged her the market rate for rent and more again for food? I'm sure you're still looking at it costing them more, but that's to be expected if an essentially cash in hand arrangement is formalised.


  • Closed Accounts Posts: 5,593 ✭✭✭Hitman3000


    cycle4fun wrote:
    I know a couple, both are teachers, and they exploit a poor au pair too, paying her very little and expecting all the work in the house done while the parents live the high life. Absolute scum.


    Report them.


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  • Registered Users, Registered Users 2 Posts: 338 ✭✭Liamo08


    mikhail wrote: »
    This girl was clearly mistreated, and I have no sympathy for the couple who employed her.

    However, I am curious on one point. The court ruled she should receive minimum wage for the hours she worked. However, it didn't make any allowance for the fact that she was receiving food and board, which is a bloody expensive set of costs to have relieved these days. Would they have been in the same trouble if instead of €150 for 50+ hours work a week, they'd paid her €500 and charged her the market rate for rent and more again for food? I'm sure you're still looking at it costing them more, but that's to be expected if an essentially cash in hand arrangement is formalised.

    You're basically only allowed to account for it at a rate of €54.13 a week https://www.irishtimes.com/news/social-affairs/demand-for-au-pairs-declines-since-wage-ruling-says-agency-1.3096003 which is obviously way below market value.


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