AM v Minister for Enterprise, Trade and Employment & ors

EMNireland

Respondent/Defendant:Minister for Enterprise, Trade and Employment, Minister for Justice, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2024] IEHC 660
Nature of Proceedings:Judicial Review
Judgment Date/s:20 Nov 2024
Judge:O’Donnell B.
Category:Refugee Law
Keywords:Asylum Applicant, Employer, Employment, Equal Treatment (Principle of), Labour market access, Reception Conditions (Material)
URL:https://www.courts.ie/acc/alfresco/bb0aaab1-149e-4eb8-952d-578c4d6b3267/2024_IEHC_660.pdf/pdf#view=fitH

Facts: The applicant was an international protection applicant in Ireland with a professional background in pharmacy and healthcare management. The applicant applied for and was granted a labour market access permission. Under Regulation 11(9)(a) of the European Communities (Reception Conditions) Regulations 2018, international protection applicants are not permitted to enter employment in the public sector. The applicant alleged that this … Read More

Principles:The restriction on access to employment in the public sector for international protection applicants is sufficiently justified and proportionate to the public interest.
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LK v International Protection Appeals Tribunal & ors

EMNireland

Respondent/Defendant:LK
Judgment Date/s:09 Oct 2024
Judge:Dunne, Charleton, Woulfe S., Hogan, G., Murray
Category:Refugee Law
Keywords:Asylum, Asylum (Application for), Asylum Applicant (Examination of an), Employment, Labour market access, Protection (International), Reception Conditions
Country of Origin:Georgia
URL:https://www.courts.ie/acc/alfresco/aaa6ed66-ae2f-4618-930a-ad4dcad8bb11/2024_IESC_42_.pdf/pdf#view=fitH

Facts: LK applied for international protection in Ireland in September 2019. A preliminary interview was scheduled two weeks after he applied for international protection, but he did not receive written notification of this date and was never contacted personally. Through his social worker, an interview was arranged for LK for 12 December 2019. He received a questionnaire, for which he … Read More

Principles:The insertion of delay “attributed in part” as a condition for refusing to grant a labour market access permission does not feature in the Directive. It is not acte clair that the condition is in compliance with EU law and therefore a preliminary reference was sent to the Court of Justice of the European Union.
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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.
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L.A. (a minor suing by his mother and next friend, A.A.) & ors v International Protection Appeals Tribunal & ors

EMNireland

Respondent/Defendant:The International Protection Appeals Tribunal, the Minister for Justice and Equality, Ireland, and the Attorney General
Court/s:Court of Appeal, High Court
Citation/s:[2024] IECA 133
Nature of Proceedings:Appeal
Judgment Date/s:29 May 2024
Judge:Power, A., Ní Raifeartaigh, Ú, Allen, S.
Category:Refugee Law
Keywords:Asylum Applicant, Child, Employment, Reception Conditions
URL:https://www.courts.ie/acc/alfresco/7fe7c809-1b10-427b-8734-a8c38d9f1e96/2024_IECA_133.pdf/pdf#view=fitH
References:NHV v Minister for Justice and Equality [2017]

Facts: The first applicant was a child, and the second and third applicants were his parents. His parents applied for international protection in Ireland before he was born. While their applications were being processed, they applied and obtained labour market access permissions. Their applications for international protection were refused before the child was born and their right of access to … Read More

Principles:Parents cannot derive a right by proxy to access the labour market from their child who is an applicant for international protection where they themselves are not applicants.
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AA & ors v The Minister for Justice

EMNireland

Respondent/Defendant:The Minister for Justice
Nature of Proceedings:Appeal
Judgment Date/s:13 Mar 2024
Judge:Faherty M.
Category:Visa
Keywords:Employment, Employment (Highly Qualified), Visa
Country of Origin:Egypt
URL:https://www.courts.ie/ga/view/Judgments/9b6ce92e-8d90-4a0b-8a31-4c188a4ddc76/3d3d1c43-3f69-4a41-a923-cb79ce8551dc/2024_IECA_57.pdf/pdf

Facts: Mr A, the first named applicant, was an Egyptian national who was offered a job as a software application developer in Ireland. He was issued with a Critical Skills Employment Permit. The applicant, along with his wife and child, then applied for visas to enter Ireland. Whereas the issuance of employment permits falls under the remit of the Department … Read More

Principles:A decisions to refuse a visa applications must provide adequate reasons for each ground of refusal.
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E.M. v The Minister for Justice and Equality

EMNireland

Respondent/Defendant:The Minister for Justice and Equality
Court/s:Supreme Court
Nature of Proceedings:Appeal
Judgment Date/s:21 Feb 2024
Judge:Dunne, E.
Category:Deportation
Keywords:Asylum (Application for), Deportation, Deportation Order, Employee, Employment, Marriage of Convenience
Country of Origin:Pakistan
URL:https://www.courts.ie/acc/alfresco/2bd0e600-cc08-45e4-b2cc-a8e58bf44ca4/2024_IESC_3.pdf/pdf#view=fitH
References:MAH v Minister for Justice [2021] IEHC 302, ANA v Minister for Justice [2021] IEHC 589, Huang v Minister for Justice [2021] IEHC 630, and Talukder v Minister for Justice [2021] IEHC 835. P.N.S. v. Minister for Justice [2020] IESC 11

Facts: E.M., a Pakistani national, arrived in Ireland in 2011 and applied for asylum. This application was refused. In 2012, he was issued with a deportation order. That same year, the appellant married an EU national resident in Ireland and he was granted a residence permission on this basis. When seeking to renew this permission in 2017, the Minister refused … Read More

Principles:In the process of considering a whether to issue a deportation order, the Minister must consider a person’s employment prospects separately to whether or not the individual has a permission to reside in the State. A refusal to grant relief in the context of asylum and immigration cases should be used sparingly and with caution.
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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.
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Rahman v Healy & Ors

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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'.
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Sobhy v the Chief Appeals Officer, Minster for Employment Affairs and Social Protection and the Attorney General

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Sobhy v the Chief Appeals Officer, Minster for Employment Affairs and Social Protection and the Attorney General
Respondent/Defendant:The Chief Appeals Officer, Minster for Employment Affairs and Social Protection, Ireland and the Attorney General
Court/s:Supreme Court
Citation/s:[2021] IESC 81
Nature of Proceedings:Appeal
Judgment Date/s:16 Dec 2021
Judge:Baker M
Category:Immigration law
Keywords:Employment, Employment of ILLEGALLY resident third-country national (Illegal), Migrant (Illegally resident / staying), Regularisation
Country of Origin:Mauritius
URL:https://www.courts.ie/acc/alfresco/202b8113-c263-4b55-9f17-01d39a3c6e3c/2021_IESC_81.pdf/pdf#view=fitH

Facts: The applicant, a national of Mauritius, arrived in Ireland in 2008 under a scheme to attract foreign students. She studied and worked in Ireland lawfully until 2012. A change in the scheme required the applicant to apply for a change of status. Her two applications were refused. The applicant continued to reside and work in Ireland without an immigration … Read More

Principles:Social welfare benefits under the Social Welfare Consolidation Act 2005 cannot accrue to a person who does not have a work permit or immigration permission to be in the State, despite making the relevant statutory contributions.
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Yeasin v Minister for Business, Enterprise and Innovation

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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.
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Landsberg and Breetzke v Road Safety Authority, the Minister for Transport, Tourism and Sport, and the Attorney General Ireland

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Landsberg and Breetzke v the Road Safety Authority and others
Respondent/Defendant:Road Safety Authority, the Minister for Transport, Tourism and Sport, Ireland and the Attorney General .
Court/s:High Court
Citation/s:[2021] IEHC 748
Nature of Proceedings:Judicial review
Judgment Date/s:05 Nov 2021
Judge:Heslin M
Category:International protection
Keywords:Asylum, Employment, Reception Conditions, Usual Residence
Country of Origin:South Africa
URL:https://www.courts.ie/acc/alfresco/95f13571-e20a-499b-8914-a7bbe1af4081/2021_IEHC_748.pdf/pdf#view=fitH

Facts: The applicants were two South African nationals who had applied for international protection in Ireland. They applied to the National Driving Licence Service (NDLS) to exchange their South African driving licences for Irish driving licences. The applicants averred that they required driving licences to access the labour market and bring their child to school. Regulation 12 of the Road … Read More

Principles:Normal residence for the purposes of the Road Traffic (Licencing of Drivers) Regulations 2006 (SI No. 537/2006), as amended, can be understood to include the residency of international protection applicants in the State.
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P v the Minister for Business, Enterprise and Innovation

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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.
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Hossain v Minister for Business, Enterprise and Innovation

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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.
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KS and MHK v International Protection Appeals Tribunal, the Minister for Justice and Equality and the Advocate General and RAT and DS v Minister for Justice and Equality (Joined Cases C-322/19 and C-385/19)

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KS and others v International Protection Appeals Tribunal and Minister for Justice and Equality and others
Respondent/Defendant:Minister for Justice and Equality, Advocate General and the International Protection Appeals Tribunal
Court/s:Court of Justice of the European Union (CJEU)
Citation/s:ECLI:EU:C:2021:11
Nature of Proceedings:Preliminary Reference
Judgment Date/s:14 Jan 2021
Judge:Piçarra N (Rapporteur)
Category:Refugee Law
Keywords:Asylum, Common European Asylum System (CEAS), Dublin Regulation, Employment, Reception Conditions, Refugee Law
Country of Origin:Pakistan, Bangladesh, Iraq
URL:http://curia.europa.eu/juris/document/document.jsf?text=&docid=236427&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=1675215

Facts: KS, MHK, RAT and DS applied for international protection in Ireland between 2015 and 2018. They were subsequently issued with transfer decisions to other Member States pursuant to the Dublin III Regulation 604/2013, which they appealed. In the interim, all four applicants had been refused permission to access the labour market due to the exclusion of persons in Dublin … Read More

Principles:-          Where a national court is interpreting provisions of the recast Reception Conditions Directive, account must be taken of the recast Asylum Procedures Directive, even where the Member State has not opted into that legislation.
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NVH v Minister for Justice and Equality and the Attorney General

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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.

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Hussein v Labour Court

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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.

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NHV and FT v Minister for Justice and Equality

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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.

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

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Respondent/Defendant:Minister for Justice, Equality and Law Reform, Attorney General and Ireland
Court/s:High Court
Citation/s:[2015] IEHC 7
Nature of Proceedings:Judicial Review
Judgment Date/s:15 Jan 2015
Judge:MacEochaidh J.
Category:EU Treaty Rights, Refugee Law
Keywords:Citizenship, Employment, EU Treaty Rights, Minor, Refugee
Country of Origin:Pakistan
URL:https://www.courts.ie/acc/alfresco/3eac6f17-9a1c-46f2-a49f-f3f0b1f8c013/2015_IEHC_7_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The first and second applicants were a married couple from Pakistan residing in Ireland with their three children. They sought inter alia declarations that the first and second applicants, twins born to them in Ireland in 2005, had lawfully resided in the State since the birth of their first child, the third applicant, in 2002, as to render their … Read More

Principles:

The CJEU’s decision in Zambrano and subsequent related cases is to be interpreted as meaning that non-nationals who are unlawfully present in Ireland do not acquire lawful status from the birth of a child who happens to be an Irish/EU citizen.

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

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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.

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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.

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