Hussein v The Labour Court [2015]
Decision Number: Legal Body: Irish Supreme Court
Published on: 14/07/2015
Article Authors The main content of this article was provided by the following authors.
Claire Bruton BL Barrister
Claire Bruton BL Barrister
Claire bruton

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. 

Background

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

Continue reading

We help hundreds of people like you understand how the latest changes in employment law impact your business.

Already a subscriber?

Please log in to view the full article.

What you'll get:

  • Help understand the ramifications of each important case from NI, GB and Europe
  • Ensure your organisation's policies and procedures are fully compliant with NI law
  • 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
  • Receive free preliminary advice on workplace issues from the employment team

Already a subscriber? Log in now or start a free trial

Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 14/07/2015
Discover the smarter way to deliver staff training (without the stress)! Streamline your company-wide training, enhance your staff's skills, and in increase productivity with our learning management system, AppLI LMS