The High Court has overturned a Labour Court ruling in which a Dublin restaurant was ordered to pay an exploited migrant worker €86,000.
Amjad Hussein – trading as the Poppadom Restaurant in Newlands Cross – has successfully challenged the decision because of the illegal status of his employee Muhammad Younis.
Mr. Justice Gerard Hogan has found if the contentions of the chef are correct and he notes they were accepted by the Labour Court that he was the victim of the most appalling exploitation at the Poppadom Restaurant.
However the judge has found because of his illegal status under the Employment Permits Act 2003 he is deprived of the benefits of employment legislation.
The judge has expressed concerns about the vulnerability of undocumented workers and is forwarding a copy of his judgement to the Ceann Comhairle and the Minister for Enterprise so the Oireachtas can consider the policy implications that arise from the law as it stands.
Siobhan O’Donoghue of the Migrant Rights Centre Ireland is calling the High Court decision devastating, not just for Mr. Younis but for all undocumented workers.
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