Muhammad Younis, from Pakistan had been awarded €92,000 by a Rights Commissioner who had found that he had been the victim of exploitation by his employer, the Poppadom restaurant at Newlands Cross in Dublin, by being underpaid and forced to work excessive hours.
The High Court ruled that he is not entitled to this award because his employment contract is substantively illegal. Mr Younis was a non-EU migrant worker and did not have a work permit. Mr Justice Gerald Hogan said he was concerned that the Employment Permits Act 2003 had perhaps produced consequences that were not foreseen or envisaged, because it meant that any employment contract involving a non-EU migrant worker without a work permit was substantively illegal
Siobhán O'Donoghue of the Migrant Rights Centre Ireland has called on the Oireachtas to address the problem with the Employment Permits Act urgently.
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