Hussein v The Labour Court Posted In: Case Law
Case ReferenceIESC 58
Legal BodyIrish Supreme Court (IESC)
Type of Claim / Jurisdiction
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
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.