In the Judicial review proceedings of Amjad Hussein -V-
The Labour Court and Mohammah Younis [2012] No. 194 J.R.,
the High Court has overturned a Labour Court Decision awarding the
sum of €92,000 in compensation to a migrant worker in respect
of claims under the Terms of Employment (Information) Act, 1994,
the Organisation of Working Time Act, 1997 and the National Minimum
Wage Act, 2000 on the basis that the employee did not have a work
permit.
Mr. Amjad Hussein, trading as the Poppadom Restaurant in Newlands
Cross, Dublin, appealed the Decision of the Labour Court which
awarded his employee, Mr. Muhammad Younis, substantial compensation
for working excessive weekly hours and for a sum below the national
minimum wage since 2002.
In his judgement, Mr. Justice Gerard Hogan noted the vulnerability
of migrants who work without permits and are deprived of the
benefits of employment legislation, but nonetheless quashed the
earlier Decision of the Labour Court on the basis that Mr.
Younis's employment was unlawful, as he had no work
permit.
Mr. Justice Gerard Hogan accepted in his judgment that there were
serious and important policy implications that the Minister for
Jobs and the Oireachtas might consider addressing. He accepted that
Mr. Younis he had been the victim of "the most appalling
exploitation". He went on to say that the Oireachtas must
regulate the labour market by specifically deterring illegal
immigrants from taking up employment, that legislation, if applied
unyieldingly, might have serous consequences for vulnerable
migrants exploited by unscrupulous employers.
Mr. Hussein challenged the Labour Court Decision on the basis that
Mr. Younis had no entitlement to the protection of employment
legislation because he did not have a work permit contrary to
the Employment Permits Act, 2003.
Mr. Justice Hogan shall be forwarding a copy of his Judgement to
An Ceann Comhairle and the Minister for Jobs, Enterprise and
Innovation so that the Oireachtas may further consider the policy
implications that arise from the Employment Permits Act, 2003.
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