High Court ruling leaves undocumented migrant workers unprotected under Irish Employment Law

On Friday 31 August 2012, the Irish High Court in Hussein v Labour Court overturned a Labour Court ruling ordering the payment of €92,000 to an exploited migrant worker.  Mohammad Younis had secured the award against Amjad Hussein – trading as Poppadom Restaurant – for what the High Court described as “appalling exploitation” which included (but was not limited to) working 77 hours a week for as little as 51c an hour.

The Court found that because of Mr Younis did not have an employment permit for the duration of his employment, as required under the Employment Permits Act 2003, his employment contract was illegal.  As a result, Mr Younis could not enjoy the benefits of Irish employment legislation.

Judge Gerard Hogan, in his judgment, said that the Employment Permits Act 2003 had perhaps produced “consequences which were not foreseen or envisaged.  Specifically it may not have been intended by the Oireachtas that undocumented migrant workers should effectively be deprived of the benefit of all employment legislation by virtue of his illegal status…”

Speaking about the judgment, Grainne O’Toole, the Workplace Rights Project Leader with the Migrant Rights Centre Ireland, said “The law as it is now interpreted gives a green light to exploitative employers. Other countries have protections in place where undocumented workers, who have had their employment rights violated can seek legal redress. The Government must act immediately to guarantee that undocumented workers are protected under employment law."

In response to the judgment, James McGuill, solicitor for Mr Younis, said that they would examine further avenues including a challenge to the Supreme Court and the European Court of Human Rights.  In his judgment, Judge Hogan expressed concerns about the vulnerability of undocumented workers and said he would forward a copy of his judgment to the Ceann Comhairle and the Minister for Jobs, Enterprise and Innovation, so that the Oireachtas can consider the policy implications that arise from the law as it now stands.

Click here to read to full judgment.

Click here to read the Migrant Rights Centre’s Press Release following the judgment.

Click here to see an Irish Independent article on the matter.

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