Ireland’s Minister for Jobs, Enterprise and Innovation has recently published new draft legislation aimed at reforming the employment permits system. The Employment Permits (Amendment) Bill 2014 covers many employment-related issues for migrant workers, but crucially grants access to legal redress for undocumented workers. This means such workers can take a case in the civil courts against exploitative employers for back wages and compensation.
The new bill addresses an important gap in Irish law exposed by the 2012 Hussein v Labour Court (Younis) decision. In that case, the High Court had overturned an award to an exploited migrant worker who did not have an employment permit for the duration of his employment. Under the Employment Permits Act 2003, this meant that the Mohammed Younis’ employment contract was illegal and he could not enjoy the benefits of Irish employment legislation – despite the “appalling exploitation” he suffered at the hands of his employer. Click here to read a PILA Bulletin article from Sepember 2012 summarising the case.
At the time, Justice Hogan in his High Court judgment pointed out that the loophole was probably not intended by the Oireachtas, but nonetheless meant that it was impossible for him not to overturn the Labour Court’s decision. Click here to read that judgment.
The Human Rights in Ireland blog noted that this was because Irish employment is currently centred on the idea of a valid employment contract – and without such a “valid” contract, it is impossible for an employee to enforce his or her rights. Click here to read more.
Under the new bill, employees will be able to seek legal redress against exploitative employers. It will also allow undocumented workers to get a new work permit, where they became undocumented through no fault of their own.
Migrant Rights Centre Ireland Director Edel McGinley said in a press release “The Mohammed Younis case was a terrible miscarriage of justice – Irish law essentially rewarded his employer for deliberately failing to get a work permit and trapping Mr Younis in severe exploitation for seven years. For Mr Younis and for all undocumented workers exploited by unscrupulous employers in Ireland, this Bill is a huge step towards justice.” Click here to read the full press release.
Click here to read the draft bill.