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
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 |
| 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. |