Claire Bruton is a practising barrister specialising in employment law. She is editor of the Employment Law Reports and Irish Employment Law Journal. She is the co-author of The Irish Legal System (2009, Tottel) and is a co-author of Employment Equality Law (co-authors Bolger and Kimber) published by Round Hall Press in November 2012.
The judgment of the High Court in this case garnered significant publicity and commentary. In fact it also led to amendments to the employment permits legislation. As will be recalled in Hussein, Mr Justice Hogan, very reluctantly, quashed decisions of the Labour Court that awarded an employee back pay pursuant to the National Minimum Wage Act 2000 and compensation for breaches of the Organisation of Working Time Act 1997.
The basis for the quashing of the Labour Court determinations was the illegality of the contract of employment of the employee who did not have a valid work permit in place at the time the breaches of the legislation occurred.
As a result of the High Court judgment, the Department
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