Background:
The Complainant began working with the Respondent in August 2022 on a fixed-term contract that expired on December 31, 2023. She applied for a visa renewal linked to her Irish fiancé in November 2023 and took holidays to Brazil. Upon her return in January, she was unexpectedly dismissed without an opportunity to defend herself or appeal the decision, despite informing the Respondent that her visa renewal was pending. She stated that she was given no chance to clarify her visa status before being asked to leave. The dismissal caused her significant emotional distress. She had since been actively searching for new employment, applying across various industries in Ireland and Portugal, but remained unsuccessful at the time of her complaint.

The Payroll Administrator, for the Respondent, testified that the Complainant informed her in November 2023 that her visa was expiring, and she had a meeting with immigration after its expiry date. There was no HR department. The Office Manager discovered that the Complainant’s visa expired on January 23rd  and sought legal advice regarding employing someone without a valid visa. This resulted in her dismissal a few days later. The Complainant’s visa was renewed on January 28th, within her notice period, but the Respondent admitted that no opportunity was given for the Complainant to appeal the decision, nor was she asked about the visa renewal status before dismissal.

Finding:
The Adjudicating Officer outlined that the Complainant held an IRP card (that she renews annually). In November 2023, she applied to renew her visa, which was set to expire on January 23rd 2024. The Respondent were notified of this. The Complainant believed her renewal would be successful, given her engagement to an Irish citizen and their joint mortgage application. On January 23rd, the Respondent reviewed her file and identified the visa's impending expiry. Despite this, the Respondent allowed the Complainant to work for two additional days while seeking legal advice, unaware of the Department of Justice’s eight-week grace period for visa renewals. On January 25th the Complainant was dismissed without an opportunity for discussion or appeal, despite informing the Respondent of her upcoming visa renewal on January 28th. The Adjudicating Officer concluded the dismissal was unfair, as the Respondent acted on incorrect information without investigating visa guidelines. The Complainant, earning €865.38 weekly prior to dismissal, has been unemployed since January 25th despite extensive job search efforts, at the time of the hearing. Given the circumstances, they awarded her €25,000 in compensation under s.7 of the Unfair Dismissals Act 1977.

Practical Guidance for Employers:

Employers should:

• Ensure Clear Understanding of Visa Regulations: Stay informed of all relevant visa guidelines, including renewal grace periods. Misinterpretation of regulations may lead to unjustified dismissals and potential liabilities.
• Maintain Open Communication: Foster transparent communication with employees regarding visa status, renewal processes, and any concerns that may impact their employment.
• Establish a Robust HR Process: Even in the absence of a formal HR department, employers should have clear procedures for managing employee matters, including visa renewals and contract extensions, to avoid legal repercussions.
• Provide Opportunities for Representation: Always offer employees the chance to defend themselves, particularly in matters concerning immigration status or employment termination.
• Adopt a Fair Appeal Process: Ensure that dismissed employees are given an opportunity to appeal decisions, especially in complex cases involving immigration or contractual issues.
• Document All Actions: Keep thorough records of all employee interactions, including discussions on visas, investigations, and any legal advice received, to demonstrate procedural fairness.
• Seek Legal Advice Proactively: Ensure that legal advice is sought well in advance of taking any action to verify employee status and verify advice against official resources.
• Understand Employment Rights: Be aware of employees’ rights under the Unfair Dismissals Act 1977, including the importance of fair procedures, notice periods, and just cause for termination.

The full case can be found here:
https://www.workplacerelations.ie/en/cases/2024/september/adj-00049872.html