The Supreme Court has upheld a decision by the Labour Court to award Mohammed Younis €92,634.42 in unpaid wages and compensation for seven years of work.
Mr. Younis came from Pakistan in 2002 to work as a chef in his cousin's restaurant. He claimed to have been exploited by his cousin during which time he was required to work seven days a week without any holidays. He also complained about the housing that was provided by his cousin.
The Rights Commissioner awarded Mr Younis €5,000 for breaches by his employer of the Organisation of Working Time Act 1997, and €86,134.42 for breaches of minimum wage legislation. In September 2011, the Labour Court determined that these sums should be paid. The decision of the Labour Court was overturned on appeal to the High Court by Mr Justice Gerard Hogan on the basis that Mr Younis was in an irregular migrant situation and as a result could not be protected by the applicable employment law legislation relied on in the earlier decision.
The Supreme Court overturned the decision of the High Court, not because of their analysis of employment law and irregular migrant workers, but because of the fact that the High Court did not have the jurisdiction to hear the case. It was decided that the Labour Court acted within its jurisdiction to issue its determination, and that the High Court decision was fundamentally flawed as it exceeded its jurisdiction by focusing on the irregularity of Mr Younis’ immigration status.
Mr Younis was supported by the Migrant Rights Centre Ireland (MRCI) who encouraged him to leave his situation and take his case to the Rights Commissioner and the Labour Court. MRCI Spokesperson Gráinne O’Toole remarked on the decision saying; “The High Court judgement essentially gave unscrupulous employers a license to exploit undocumented workers with impunity. For Mohammed, and for all other workers, we are relieved that the Supreme Court has disagreed with that decision.” Mr Younis said about the decision; “I am very happy and I want to thank all my supporters. After six years, I’ve finally got justice. The next step is to get the €92,634.42 that is owed to me.”
Click here to read more in RTE news.
Click here to read a press release by MRCI.
Click here to read more in Human Rights in Ireland blog piece.