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 Portuguese Motorway employees allege unfair conditions by their employer, named as ‘RAC Eire Partnership’; while building a section of the N7 motorway, between Limerick and Nenagh.
Mr Armando Agostinho Alves da Silva, a Portuguese construction worker has claimed, in the High Court, that he and his colleagues lived in deplorable conditions at a work camp in Co. Tipperary. The camp, now demolished, was provided by his former employers, while they were building a section of the N7 motorway, between Limerick and Nenagh, back in the years 2007 and 2008.
Twenty workers allege they were underpaid while working for three Portuguese companies, latter who traded under the name ‘RAC Eire Partnership’. Mr Da Silva told Ms Justice Carmel Stewart that they were expected to begin work at 7.00am and continue until 10.00pm or 11.00pm at night. He and up to 90 other Portuguese workers were obliged to live in a cramped prefab outside the town of Nenagh, in Co. Tipperary, with six to eight persons allocated to a single room, latter which lacked even the very basic facilities.
Showers did not always work all of the time and clean water was undrinkable. Bags of rubbish from the facility provided, were not always collected on time and there was a constant smell from waste water. There were no cooking facilities in the building and meals were only provided by their employer on working days, while on days off they were obliged to fend for themselves. Deductions made from wages for this accommodation and for domestic laundry were not deemed as being reasonable by the workforce.
Following a later take-over by a new company, Mr Da Silva was moved into a house in the locality and received an increase in pay and shorter working hours.
The Portuguese construction workers have now taken proceedings against three allied companies, namely (1) Portuguese-based Rosas Construtores SA, (2) Constructocoes Gabriel AS Couto SA, and (3) Empresa Deconstrucoes Amandio Carvalho SA, all of which traded as RAC Eire Partnership.
This case is just the latest in a similar number of actions to come to the attention of the High Court. One similar case, back in 2016, saw 27 workers awarded €1.5 million.
The case continues.
“Judge not, that ye be not judged. For with what judgement ye judge, ye shall be judged: and with what measure ye mete, it shall be measured to you again.
And why beholdest thou the mote that is in thy brother’s eye, but considerest not the beam that is in thine own eye?”
Gospel of St. Matthew Ch. 7: V. 1-3 (King James Version)
It is highly unlikely that due to religious staunchness, over 12,000 people failed to appear for ‘Jury Duty’ in Ireland this year, however not so much as one person has been fined in respect of this breach of municipal duty in the past three years, under the 2008 updated rules and regulations.
Figures provided to the Irish Sun newspaper under the Freedom of Information Act, found that of some 120,010 people called for jury duty in 2017, over 10 %, or some 12,214 persons failed to make an appearance. This is despite the fact that Government strengthened the Juries Act of 1976, in 2008, by increasing the fine for those failing to attend on such duties to €500. (The full text of these offences are set down in Part V of the Juries Act, 1976 as amended by Part 6 Civil Law (Miscellaneous Provisions) Act 2008.)
Some 62% of persons called to attend on Jury Duty in 2017 here in the Premier County (Tipperary) failed to turn up; representing more than three times the rate for any other county in Ireland.
Limerick came in second, after Co. Tipperary, with 18%, followed closely by Co. Louth in third place with 16%. It was Co. Sligo who showed up best with an attendance record where just 3.3% of individuals summoned failing to show.
So What is the Reason for this Neglect of Duty?
Firstly, many of those called come under the heading of “Those who are excused as of right”, from Jury Service; e.g. Persons aged 65 and over. Those who provide an important community service including practising doctors, nurses, midwives, dentists, vets and chemists. If you are self-employed and your attendance at jury service can mean you cannot earn a living, you may qualify for excusal from Jury Service, at the discretion of the County Registrar.
Secondly, in many cases people have to travel, and if, for example, residents of Thurles are called to attend at Nenagh Courthouse it is an all round 77km (or 49 mile) journey, making it difficult for people who don’t have secondary transportation or indeed any transportation whatsoever.
Thirdly, since the Department of Transport have greatly curtailed rural bus services, such depleted services do not take into account the opening hours of Courts throughout Tipperary for those without personal transport.
Fourthly, Unlike England, who even provide 9.6pence (Sterling) per mile to those who use a bicycle to attend court; Ireland on the other hand grant no payment whatsoever for Jury Service and travelling expenses are not permitted.
In Ireland, the only reward is that if you are serving as a Juror, lunch will be provided on any day that a trial is being heard. If you are in employment, Section 29 of the Juries Act, 1976, places a duty on all employers to allow you attend for Jury Service. The law also states that the time spent on Jury Service is to be treated as if the employee were actually employed. In other words, if you are in employment and are attending for jury service, you are entitled to be paid while you are away from work.
Also there should be no loss of any other employment rights, while you serve on a Jury, while the County Registrar is required to provide a certificate of attendance on request for employers who may seek confirmation through their employee.
As one resident stated to me today, quote “Why would I give the state €10.00 worth of petrol, plus the wear & tear on my car on potholed roads, to attend Jury Service; first to end up not being chosen, and secondly, if chosen, to watch as hardened criminals found guilty, receive light sentences from our justice system. Sure the State can’t afford to grant truly deserved jail sentences any more, so repeat offenders are permitted to roam free”.
 Nenagh Gardaí are currently investigating a serious fire in a derelict premises on Kenyon Street in the North Tipperary town, which cost one man his life.
The blaze was discovered in the early hours of this morning, and the deceased, named locally as Mr Kryztof Sec, a homeless foreign national, has since been removed to Limerick Hospital, where a post-mortem is expected to take place today.
The fire broke out in a disused former public house and was reported by a passer-by at around 1.05am. Two units of Nenagh Fire Service, in conjunction with one Fire Service unit from Cloughjordan, Co. Tipperary, attended at the scene.
While fighting the blaze, fire fighters discovered the body of a man, believed to be in his late 40’s, within the precincts of the burning premises, while a second male; also within the premises at the time of the blaze, managed to escape with minor injuries, latter which were attended too at Limerick University hospital.
Firefighters attended the scene until 11.55am today and the building has since been sealed off by Gardaí for a technical examination, during which it is hoped the original cause of the fire can be established.
Go ndéana Dia trócaire ar a anam dílis.
 Cannabis A number of searches, conducted under ‘Operation Thor’ yesterday and last night, saw four searches in the Newport area and two searches in the Roscrea area of Co. Tipperary.
Following the searches a male was arrested and today remains in custody following the location and seizure of an anticipated fifty thousand Euro worth cannabis under cultivation.
The discovery was made in the precincts of Roscrea town, during an intelligence fed, planned search, which saw Tipperary Divisional Drugs Squad uncovered the drug.
The man arrested is understood to be detained at Nenagh Garda station, where he remains currently for questioning by detectives.
On November 11th, 2017, Thurles.Info warned our Tipperary public of criminals targeting copper for resale as scrap to, shall we just say, ambiguous agents dealing in metal.
Gardaí are now appealing for witnesses to certain criminal activity which is understood to have taken place over a 3 day period, on November 16th, 17th and 18th last.
This criminal goings-on occurred close to an area known as Killistafford Cross, Dualla Village near Cashel, Co. Tipperary and involved the theft of metres of telephone cable cut down and removed for its copper value, to be sold on to scrap metal merchants.
It is understood that the thieves involved were dressed to appear as telephone contractors.
Gardaí in Cashel are appealing for anyone who was in this area on the dates in question, to contact them at Tel: (062) 75840 or on the Garda Confidential Line Tel: 1800 666 111.
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