Hussein v The Labour Court & Younis Posted In: Case Law
Case ReferenceIESC 58
Legal BodyIrish Supreme Court (IESC)
Type of Claim / JurisdictionDiscrimination and Equality, Pay and Conditions of Employment
This case was an appeal by the employer against a €92,000 award by the Labour Court to a Pakistani employee over employment law breaches while working in an Indian restaurant in Dublin. The High Court quashed the decision of the Labour Court on the basis that his employment was unlawful as he did not have a valid work permit. The Labour Court award could not be upheld as there was no valid employment relationship between the parties.
The employee Mr. Younis had claimed that he worked an 11 hour day, 7 days a week for a wage well under the national minimum wage rate at 55c per hour. As Mr. Younis did not have a valid work permit he had committed an offence under the Employment Permits
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