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Nanny who borrowed money from employer on condition of ‘working it off’ cleared of making a gain by deception
Polish nanny not guilty in deception case
A POLISH nanny who borrowed money from her employer was cleared of ‘making a gain by deception’ after the Judge found that she had not deceived her and the case was more of a civil than a criminal matter. The court heard that Magdealena Jaromin of 35 Stracomer Hill, Bundoran had borrowed money off her employer, Christina Curran and agreed to pay her back by working off the debt but failed to do so. Mrs Curran explained that in May 2008 she needed a childminder and Ms Jaromin was recommended to her and she agreed to work two days a week looking after her two children. She said Ms Jaromin asked for a €500 loan which she agreed to on the condition she ‘work it off’. A week later she asked for €1,400 in order to go back to Poland to sort out business. She said she agreed because was in a catch 22 situation because she was to go back to work and needed a child-minder. Mrs Curran explained that she was subsequently asked for €600 and Ms Jaromin agreed to pay her back at the end of July 2008 as she was expecting tax back from her previous employment in Canada. Ms Jaromin gave Mrs Curran a post dated cheque in June for July 30, 2008 but she said there was difficulty getting the money from Canada, and kept putting the payment back. Mrs Curran said they came to an arrangement to work off the debt and explained she worked off €500 and gave her €200 in cash. However, Mrs Curran said she had not heard from her since April 2009 and said she is owed €1,300 and added that she had taken a cot and special toys for special needs children. Under questioning from Ms Helena Boylan, solicitor for the defendant, Mrs Curran said the defendant worked for her from June to November 2008 to look after her two children for €250 a week, in a 45 hour week. Judge Mary Devins said this was less than the minimum wage and was told that she accepted this wage. Ms Boylan said her client was in Poland undergoing a surgical procedure but would be returning to Ireland. She added that there was no evidence of deception as Mrs Curran was aware there was no money in her account to fund the cheque. Ms Boylan said her client had worked for 45 hours a week on low payment to repay the loan and had also made a cash payment. Ms Boylan said that Ms Jaromin had tried to make the payment and regarded the issue as a civil matter rather than a criminal one. Judge Devins agreed with Ms Boylan saying that the matter ‘seems to me to be a debt’ and not a criminal matter. She dismissed the case against Ms Jaromin.
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