Yoon v Minister for Enterprise, Trade and Employment

EMNireland

Respondent/Defendant:Minister for Enterprise, Trade and Employment
Court/s:High Court
Citation/s:[2024] IEHC 548
Nature of Proceedings:Judicial Review
Judgment Date/s:18 Sep 2024
Judge:O’Donnell B.
Category:Employment
Keywords:Employer, Employment, Employment Permit
Country of Origin:Republic of Korea
URL:https://www.courts.ie/acc/alfresco/f13c6568-21cd-4a00-afcf-e9cebed48869/2024_IEHC_548.pdf/pdf#view=fitH

Facts: The applicant lived in Ireland initially as a student and then on a Working Holiday Authorisation, during which time she worked as a tattoo artist. She applied for a General Employment Permit to take up a permanent position as a tattoo artist. The application was refused because the position was considered to fall on the ineligible occupations list, under … Read More

Principles:When considering whether an occupation that is not explicitly listed on the ineligible occupations list, the decision maker must provide adequate reasons and consider the exercise of discretion in the case.
Go Back

Onyemekeihia v Minister for Justice and Equality

EMNireland

Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Nature of Proceedings:Appeal
Judgment Date/s:08 Dec 2023
Judge:O'Regan M
Category:Employment
Keywords:Discrimination (Direct), Discrimination (Indirect), Discrimination (Racial), Employee, Employment
URL:https://www.courts.ie/acc/alfresco/c891caf9-40a0-4272-8e58-6551c29e136d/2023_IEHC_697.pdf/pdf#view=fitH

Facts: Mr. Onyemekeihia was employed as a prison officer in Mountjoy Prison. He was subjected to constant racial abuse by some prisoners. He complained to his employer, the Irish Prison Service (IPS), however, he felt that their response was inadequate. He submitted that the Prison Rules 2007 were inadequate to address the issue at hand and sanctions were never implemented … Read More

Principles:When considering a claim of harassment under the Equality Acts 1998, as amended, a finding cannot be made that the approach of an employer to address racial harassment was on the one hand consistent and thorough and, on the other hand, was in need of revision and improvement.
Go Back

Rahman v Healy & Ors

admin

Respondent/Defendant:Superintendent Columba Healy, Superintendent Thomas Murphy (As Authorised Officers for the Dublin Metropolitan Region), Commissioner Of An Garda Síochána
Court/s:High Court
Citation/s:[2022] IEHC 206
Nature of Proceedings:Judicial Review
Judgment Date/s:25 Apr 2022
Judge:Simons G.
Category:Employment, EU Treaty Rights
Keywords:Employment, Family Member
Country of Origin:Bangladesh
URL:https://courts.ie/acc/alfresco/5c17e3d3-2037-422f-9ce1-47a23109582f/2022_IEHC_206.pdf/pdf#view=fitH

Facts: The applicant, a citizen of Bangladesh, held a residence permit in the State on the basis of marriage to an EU citizen. The marriage dissolved and the applicant applied to retain his residence permit. This was refused in May 2019. The applicant sought a review of this decision, and a review decision was issued in March 2021, upholding the … Read More

Principles:The licencing authority cannot refuse to issue an SPSV licence on the grounds that a person held a temporary immigration permission and cannot issue licences for periods of less than five years. However, the licensing authority can have regard to adverse findings made against the applicant in the context of the immigration process when assessing their 'good character'.
Go Back

Yeasin v Minister for Business, Enterprise and Innovation

admin


Yeasin v Minister for Business, Enterprise and Innovation
Respondent/Defendant:Minister for Business, Enterprise and Innovation, Ireland
Court/s:High Court
Citation/s:[2021] IEHC 821
Nature of Proceedings:Judicial Review
Judgment Date/s:13 Dec 2021
Judge:Meenan C.
Category:Employment, Immigration law
Keywords:Employment, Employment of ILLEGALLY resident third-country national (Illegal), Employment of LEGALLY resident third-country national (Illegal), Illegal Stay, Non-EU National, Residence Permit
Country of Origin:People’s Republic of Bangladesh
URL:https://www.courts.ie/acc/alfresco/ce8bc5de-715b-467d-8727-572767e3c75a/2021_IEHC_821.pdf/pdf#view=fitH

Facts: The applicant, a national of Bangladesh, entered the State on the basis of a student permission. This permission remained valid until the applicant was granted a residence card as a qualifying family member of his EU citizen spouse. The marriage subsequently broke down and the spouse returned to their EU country of origin. The applicant wrote to the Minister … Read More

Principles:The Minister for Business, Enterprise and Innovation has discretion to issue an employment permit where the person does not hold a current immigration permission to be in the State.
Go Back

P v the Minister for Business, Enterprise and Innovation

admin


P v the Minister for Business, Enterprise and Innovation
Respondent/Defendant:Minister for Business, Enterprise and Innovation, Ireland
Court/s:High Court
Citation/s:[2021] IEHC 609
Nature of Proceedings:Judicial review
Judgment Date/s:30 Jul 2021
Judge:Barrett M.
Category:Employment, EU Treaty Rights, Residence
Keywords:Employment, Employment of ILLEGALLY resident third-country national (Illegal), Non-EU National, Residence Permit, Third-Country National
URL:https://www.courts.ie/acc/alfresco/b0d2c886-bd5e-469b-b142-8e71c4698344/2021_IEHC_609.pdf/pdf#view=fitH

Facts: Mr P, a third-country national, initially applied to remain in Ireland as a permitted family member of an EU citizen. This application was refused and Mr P was in the process of seeking a review of this decision. As a result, Mr P did not have a permission to remain in the State. He applied for a General Employment … Read More

Principles:The Minister cannot refuse an application for a General Employment Permit on the ground that a person does not hold an immigration permission in the State, without examining the specific circumstances of the case and where there is no specific and relevant policy on examining applications for employment permits from persons without an immigration permission.
Go Back

Hossain v Minister for Business, Enterprise and Innovation

admin


Hossain v Minister for Business, Enterprise and Innovation
Respondent/Defendant:Minister for Business, Enterprise and Innovation
Court/s:High Court
Citation/s:[2021] IEHC 152
Judgment Date/s:03 Mar 2021
Judge:Barr A.
Category:Employment, EU Treaty Rights, Residence
Keywords:Employment, Employment of LEGALLY resident third-country national (Illegal), Employment Permit, Residence Permit
Country of Origin:Bangladesh
URL:www.courts.ie/view/judgments/f2a4e33c-038a-41a3-abd3-0442605c3c72/37ebbbfc-2aaf-4f1b-9f83-4a47e10cd612/2021_IEHC_152.pdf/pdf

Facts: The applicant, a national of Bangladesh, was initially in Ireland as the spouse of an EU citizen. He held a Stamp 4 on this basis. The marriage subsequently broke down. Prior to the expiry of the applicant’s Stamp 4 permission, he applied for an employment permit. This application was refused on the grounds that at the time of application, … Read More

Principles:A person who holds a valid immigration permission is not precluded from applying for an employment permit.
Go Back

NVH v Minister for Justice and Equality and the Attorney General

emnadmin


NVH v Minister for Justice and Equality: Supreme Court ruling on ban on asylum seekers looking for work
Respondent/Defendant:Minister for Justice and Equality
Court/s:Supreme Court
Citation/s:[2017] IESC 35
Nature of Proceedings:Appeal
Judgment Date/s:30 May 2017
Judge:O'Donnell D.
Category:Employment, Refugee Law
Keywords:Asylum, Charter of Fundamental Rights of the European Union, Employment, European Convention on Human Rights (ECHR), Pull Factor, Refugee, Refugee Law
Country of Origin:Burma
URL:https://www.courts.ie/acc/alfresco/553e0e20-ac4a-48e6-a4fa-fef5638377ac/2017_IESC_35_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: Section 9 of the Refugee Act 1996 provided that a person seeking asylum is entitled to enter the State and remain while the application for refugee status is processed. Section 9(4) also provided however, that an applicant shall not seek or enter employment before final determination of his or her application for a declaration. Pending the determination of an … Read More

Principles:

The absolute prohibition on asylum seekers seeking employment,  coupled with the absence of a maximum time limit on the processing of asylum applications, meant the prohibition was in breach of the constitutional right to seek employment.

Go Back

Hussein v Labour Court

adminLeave a Comment

Respondent/Defendant:The Labour Court
Court/s:Supreme Court
Citation/s:[2015] IESC 58
Nature of Proceedings:Judicial Review
Judgment Date/s:25 Jun 2015
Judge:Supreme Court (Murray, Hardiman and MacMenamin JJ.)
Category:Employment
Keywords:Employee, Employer, Employment, Employment (Illegal), Employment of LEGALLY resident third-country national (Illegal), Migrant Worker
URL:https://www.courts.ie/acc/alfresco/45e62e1c-74c0-429a-9d82-ccbf464e3e89/2015_IESC_58_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Notice Party: Mohammad Younis Facts: The applicant was a restaurateur in Dublin, who employed his relative, the notice party, to carry out work in his restaurant pursuant to a contract of employment. Both of them were Pakistani nationals. The notice party brought claims against the applicant under inter alia the Organisation of Working Time Act 1995 and the National Minimum … Read More

Principles:

Where the Labour Court directs enforcement of a decision of a rights commissioner under such legislation as s. 28(8) of the Organisation of Working Time Act 1997, as amended, or s. 31(1) of the National Minimum Wage Act 2000, as amended, it is not open to the subject of such a direction to seek judicial review of it by mounting a collateral attack on the validity of the decision of the rights commissioner upon which it is based.

Should such a person be aggrieved with a decision of the rights commissioner, the correct procedure is to appeal it to the relevant forum or to seek judicial review of it.

It is not open to the High Court in judicial review to make a new finding of fact on the merits for the purpose of determining whether the original decision was right or wrong or should be upheld.

Go Back

NHV and FT v Minister for Justice and Equality

adminLeave a Comment

Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2015] IEHC 246
Nature of Proceedings:Judicial Review
Judgment Date/s:17 Apr 2015
Judge:McDermott J.
Category:Employment, Refugee Law
Keywords:Employment, Refugee
Country of Origin:Burma and Cameroon
URL:https://www.courts.ie/acc/alfresco/9ab6e597-cd7d-4019-8dad-7b35047da7e9/2015_IEHC_246_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicants were asylum seekers who had been in Ireland since 2008. They requested temporary permission to work in the State from the Minister for Justice, claiming to have an entitlement to do so pursuant to s. 4 of the Immigration Act 2004 and s. 9(11) of the Refugee Act 1996 or, in the alternative, on foot of the … Read More

Principles:

Access of non Irish-nationals to the labour market of the State is a matter for the legislature, save for situations governed by EU law. Restricting the right of access of non Irish nationals to the labour market does not breach their rights under the Constitution, the Charter of Fundamental Rights, or the ECHR.

Go Back

Ogieriakhi v Minister for Justice and Others (No. 2)

emnadmin

Respondent/Defendant:Minister for Justice and Equality, Ireland, Attorney General and An Post
Court/s:High Court
Citation/s:[2014] IEHC 582
Nature of Proceedings:First instance
Judgment Date/s:22 Dec 2014
Judge:Hogan J.
Category:Employment, EU Treaty Rights, Residence
Keywords:Employee, Employer, Employment, EU Treaty Rights, First instance, Free Movement, Residence
Country of Origin:Nigeria / Ireland (naturalised Irish citizen)
URL:https://www.courts.ie/acc/alfresco/290f664d-7b03-492c-8bc9-421de9ab14a5/2014_IEHC_582_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The plaintiff was a naturalised Irish citizen of Nigerian origin. In October, 2007, he was dismissed from his employment as a postal sorter with An Post on the sole ground that he could not establish at the time to the satisfaction of his employer that he had the right to work in Ireland. In High Court proceedings for damages … Read More

Principles:

In order to bring a damages claim against a Member State like Ireland for breach of EU law under the European Court of Justice’s (ECJ) 1991 decision in Francovich, the breach must be sufficiently serious. In deciding whether or not this is so, the court must determine whether or not the Member State concerned manifestly and gravely disregarded the limits of its discretion. In examining that question, the criteria which national courts may take into account include the degree of clarity and precision of the rule infringed. In general, any loss incurred as a result of a breach must be mitigated. Where loss has occurred due to breach of property rights, Francovich provides an adequate remedy and it is not necessary to compensate the injured party by reference to the property rights provisions of the Constitution of 1937. Nonetheless, recourse to other remedies, such as constitutional protection of the right to one’s good name, may be relevant and obtainable in a given case.

Go Back

Hussein v Labour Court & Anor

Respondent/Defendant:Labour Court & Anor
Court/s:High Court
Citation/s:Unreported
Nature of Proceedings:Judicial Review
Judgment Date/s:31 Aug 2012
Judge:Hogan J
Category:Employment
Keywords:Employee, Employer, Employment, Employment (Illegal), Employment of ILLEGALLY resident third-country national (Illegal), Exploitation, Foreigner, Immigration (Illegal), Migrant (Illegally resident / staying), Migrant Worker, Migration (Exploitative), Third-Country National, Third-Country national found to be illegally present
Country of Origin:Pakistan
URL:http://www.courts.ie/judgments.nsf/6681dee4565ecf2c80256e7e0052005b/3f2a0cfdd0d10ccd80257a6b004e2e1b
Geographic Focus:Ireland

Facts The applicant, Mr Hussein, and the notice party, Mr Younis are Pakistani nationals and cousins. In 2002, Mr Hussein, who operates a restaurant in Ireland, recruited his cousin to work as a Tandoori chef. Mr Younis maintained that he was required to work seven days a week with no holidays, that he was paid what amounted to pocket money … Read More

Principles:

Neither the Rights Commissioner nor the Labour Court can lawfully entertain an application for relief in respect of an employment contract that is substantively illegal for want of a work permit. Undocumented migrant workers do not benefit from employment legislation, even where they are not responsible for their unlawful status.

Go Back