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
Hussein v Labour Court
| 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 |
| 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. |