Hussein v The Labour Court [2015]

Posted In: Case Law
  • Case Reference
    IESC 58
  • Legal Body
    Irish Supreme Court (IESC)
  • Type of Claim / Jurisdiction
Issues covered: Employment Permits Legislation

The judgment of the High Court in this case garnered significant publicity and commentary. In fact it also led to amendments to the employment permits legislation. As will be recalled in Hussein, Mr Justice Hogan, very reluctantly, quashed decisions of the Labour Court that awarded an employee back pay pursuant to the National Minimum Wage Act 2000 and compensation for breaches of the Organisation of Working Time Act 1997.

The basis for the quashing of the Labour Court determinations was the illegality of the contract of employment of the employee who did not have a valid work permit in place at the time the breaches of the legislation occurred.

As a result of the High Court judgment, the

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This article is correct at 14/07/2015

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Claire Bruton BL

The main content of this article was provided by Claire Bruton BL. Contact telephone number is +353 1 817 7320 or email

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