Menu
03/09/2012
High Court Decision Provides Employers With A Licence To Exploit - SIPTU
The SIPTU General President, Jack O'Connor, said that he was "shocked and appalled" at the High Court decision that restaurant worker Muhammad Younnis is not entitled to a €91,000 award made by an Employment Rights Officer after he was found to have worked up to 77 hours a week for seven years for less than the minimum wage in the Poppadom restaurant, Newlands Cross, Dublin.
The High Court found that Younnis's contract was invalid because his employer, Amjad Hussein, had failed to renew the work permit.
"The outcome of this case, which involved gross exploitation, is a licence for further exploitation by unscrupulous employers on a scale not seen in Ireland since the seventeenth century," '’Connor said. He welcomed Mr Justice Gerard Hogan's decision to refer what he had found to be unintended consequences in the Employment Permits Act (2003) to the Ceann Comhairle of the Dail and the Minister for Jobs, Enterprise and Innovation, Richard Bruton, as a matter of urgency.
"While I welcome the Judge's concern," O’Connor added that the outcome of the case was to "effectively legitimise exploitation of workers on a level that is worse than slavery, which imposed at least the moral and legal obligations of ownership on an employer. Objectively this High Court decision incentivises employers to break the law themselves in order to avoid meeting their financial obligations to employees.
"I am calling on Mr Bruton and the Government to address this lacuna in the law immediately. While I have no doubt that Mr Younnis and his legal advisors will be studying the decision very carefully with a view to an appeal, this is far too urgent a case and its consequences far too wide ranging to be long fingered in the courts. Given the speed and ruthlessness demonstrated by some irresponsible Irish employers in the past, we are in danger of becoming a haven for even more widespread exploitation of vulnerable migrant workers."
(CD/GK)
The High Court found that Younnis's contract was invalid because his employer, Amjad Hussein, had failed to renew the work permit.
"The outcome of this case, which involved gross exploitation, is a licence for further exploitation by unscrupulous employers on a scale not seen in Ireland since the seventeenth century," '’Connor said. He welcomed Mr Justice Gerard Hogan's decision to refer what he had found to be unintended consequences in the Employment Permits Act (2003) to the Ceann Comhairle of the Dail and the Minister for Jobs, Enterprise and Innovation, Richard Bruton, as a matter of urgency.
"While I welcome the Judge's concern," O’Connor added that the outcome of the case was to "effectively legitimise exploitation of workers on a level that is worse than slavery, which imposed at least the moral and legal obligations of ownership on an employer. Objectively this High Court decision incentivises employers to break the law themselves in order to avoid meeting their financial obligations to employees.
"I am calling on Mr Bruton and the Government to address this lacuna in the law immediately. While I have no doubt that Mr Younnis and his legal advisors will be studying the decision very carefully with a view to an appeal, this is far too urgent a case and its consequences far too wide ranging to be long fingered in the courts. Given the speed and ruthlessness demonstrated by some irresponsible Irish employers in the past, we are in danger of becoming a haven for even more widespread exploitation of vulnerable migrant workers."
(CD/GK)
Related Northern Ireland Recruitment News Stories
Click here for the latest headlines.
10 November 2015
Call For Employers To Stop 'Creaming Off' Restaurant Workers Tips
Restaurant workers need 'decisive government action' to stop employers creaming off their tips, Unite the union has said in response to the government's investigation into abuse of tipping.
Call For Employers To Stop 'Creaming Off' Restaurant Workers Tips
Restaurant workers need 'decisive government action' to stop employers creaming off their tips, Unite the union has said in response to the government's investigation into abuse of tipping.
15 September 2015
Minister Launches Jobs Week 2015
Hundreds of events are to take place across the State as part of Jobs Week 2015, aimed at helping both job seekers and employers. The Tánaiste and the Minister for Social Protection, Joan Burton T.D., and the Minister of State, Kevin Humphreys have announced Jobs Week 2015, which will take place from 28 September to 02 October.
Minister Launches Jobs Week 2015
Hundreds of events are to take place across the State as part of Jobs Week 2015, aimed at helping both job seekers and employers. The Tánaiste and the Minister for Social Protection, Joan Burton T.D., and the Minister of State, Kevin Humphreys have announced Jobs Week 2015, which will take place from 28 September to 02 October.
16 March 2010
Qualifications Overhaul Seeks Submissions
ConstructionSkills, the Sector Skills Council for the construction industry, is calling on employers to become even more involved in shaping vocational qualifications. The Sector Skills Council is urging employers to visit a new website launched by government to raise awareness of an overhaul of sector-based qualifications.
Qualifications Overhaul Seeks Submissions
ConstructionSkills, the Sector Skills Council for the construction industry, is calling on employers to become even more involved in shaping vocational qualifications. The Sector Skills Council is urging employers to visit a new website launched by government to raise awareness of an overhaul of sector-based qualifications.
18 August 2015
Four Major Jobs Fairs And Advice Forums Announced
Employment and Learning Minister Dr Stephen Farry has announced a series of four major Jobs Fairs and Advice Forums.
Four Major Jobs Fairs And Advice Forums Announced
Employment and Learning Minister Dr Stephen Farry has announced a series of four major Jobs Fairs and Advice Forums.
25 August 2006
Employers Prioritise The ‘Soft Skills’ Of School Leavers
On the day when thousands of GSCE students receive their results, many of whom will now be looking for work, the Chartered Institute of Personnel Development (CIPD) has reiterated its call for Government and employers to work more closely together to improve the employability of school leavers.
Employers Prioritise The ‘Soft Skills’ Of School Leavers
On the day when thousands of GSCE students receive their results, many of whom will now be looking for work, the Chartered Institute of Personnel Development (CIPD) has reiterated its call for Government and employers to work more closely together to improve the employability of school leavers.
-
Northern Ireland WeatherToday:A showery start with outbreaks most frequent north of Lough Neagh and through the morning, before dwindling during the afternoon as the northwest breezes ease and brighter spells of weak sunshine prosper. Maximum temperature 8 °C.Tonight:A dry night, save for a few light showers around the coasts, with prolonged clear spells and light winds bringing a frosty dawn for many in central and southern parts. Minimum temperature -3 °C.
