Employment Law : Award to migrant quashed over illegal status

Cosgrove Gaynard Solicitors

A ruling by the High Court today may have the effect of leaving undocumented migrant workers in Ireland without protection from exploitation under current employment laws.

Award to migrant quashed over illegal status

A ruling by the High Court today may have the effect of leaving undocumented migrant workers in Ireland without protection from exploitation under current employment  laws.

The High Court today quashed an award of €92,000 to Pakistani chef Mohammad Younis, who worked for his cousin at a Dublin restaurant for seven days a week for pocket money with no holidays.

Mr. Younis alleged that he was grossly mistreated, working seven days a week with no holidays to earn “pocket money” . However Mr Younis was undocumented since his work permit expired in 2003.

An award of €92,000 was made by the Labour Court however the High Court today ruled that the award must be quashed because of Mr. Younis’s illegal status in the country.

Judge Hogan referred the matter to the Ceann Comhairle and the Minister for Jobs, Enterprise and Innovation .

 

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