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File photo of Muhammad Younis at an MRCI protest Sam Boal/Photocall Ireland

Migrant rights group says High Court decision leaves undocumented workers vulnerable

Today the court overturned a decision to grant Muhammad Younis an award of €92,000 in an exploitation case.

THE HIGH COURT today ruled that a Pakistani worker who was awarded €92,000 for breaches of employment law, is not entitled to the money.

Muhammad Younis had been awarded the money after the Rights Commissioner found he had been the victim of exploitation by his employer, working long hours for just 55 cent per hour.

Justice Gerard Hogan found that the man, an undocumented worker, was not entitled to money awarded because his employment contract cannot be recognized.

Commenting on the High Court decision, Gráinne O’ Toole of the Migrant Rights Centre Ireland said;

A fundamental problem with the Employment Permits Act has been uncovered.  This is devastating, not only for Mr Younis, but for all undocumented migrants who are now left without protection against exploitation under Irish labour law.  It is a sad day for Ireland when a man who suffered extreme exploitation is denied justice while his exploiter walks free.

After the judgement Younis said, “I did nothing wrong and instead I am being further punished by today’s decision.  I am in a black hole and devastated by this news.”

Justice Hogan said he would send a copy of his judgement for consideration by the government.

“There must be some concern that this legislation will produce consequences which were not foreseen or envisaged,” he said.

“Specifically it may not have been intended by the Oireachtas that undocumented migrant workers should be effectively deprived of the benefit of all employment legislation by virtue of his illegal status…”

O’Toole said the law as it is now interpreted gives the green light to exploitative employers and the government must act immediately to guarantee undocumented workers are protected under employment law.

Solicitor for Younis James McGuill said his legal team “will examine all avenues including a challenge to the Supreme Court and the European Court of Human Rights.”

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    Mute Kevin Higgins
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    Jan 25th 2015, 5:21 PM

    5) Pay them more

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    Mute Gerry Ryan deG
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    Jan 25th 2015, 6:12 PM

    Of course if you happen to work for a complete a**ehole who’s constantly looking over his shoulder for potential challengers to humiliate then just go ahead and have a nervous breakdown or else job seekers allowance.
    Hard choice that.

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    Mute Kevin McCarthy
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    Jan 25th 2015, 6:33 PM

    When you have a bad manager who doesn’t listen and support you then that stress exacerbates and folks leave or get sick.

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    Mute David OConnor
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    Jan 25th 2015, 8:01 PM

    If your lucky to get a bonus for exceeding targets…It should be exempt from Tax. You earned it. Mr. Noonan didn’t.

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    Mute Martin Stapleton
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    Jan 25th 2015, 5:40 PM

    Communication is the most important of all. Communicate direction, motivation, disappointment, operation and inspiration and always remember that there is no project greater than the team you build around you.

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    Mute marty
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    Jan 25th 2015, 7:39 PM

    Nice idea, but isn’t going to work for most of us, especially if your employer sees you as nothing but a resource (robot), they don’t care that your child is ill, had to arrange child care, or come in sick(no paid time for been off sick) you then infect your colleagues, who then go home sick and miss days!

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    Mute Hal Pacino
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    Jan 25th 2015, 5:21 PM

    Good article Peter.

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    Mute Tony Le Blanc
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    Jan 25th 2015, 6:53 PM

    Just bring a large calibre firearm with you into meetings. Its such an easy way deflect questions on days you’re just not ‘in the zone’ or ready to run something ‘up the flagpole to see who’ll salute’. Since I’ve started on the ‘F**k off or I’ll shoot you in the face’ programme my stress levels are now in a very manageable place. Phew!

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    Mute rory conway
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    Jan 25th 2015, 5:31 PM

    They are trying to justify their own existence. Their proposals are hardly going to work in an environment of six people employed by , say , a shoe shop, a small firm , a convenience store etc.

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    Mute Michael Sands
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    Jan 25th 2015, 11:02 PM

    Sack lazy sods, they spend too much time gossiping and that does not help employee moral?

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    Mute Stephen Doyle
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    Jan 25th 2015, 5:46 PM

    Written by David Brent

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    Mute Michael Sands
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    Jan 25th 2015, 11:03 PM

    Have gay marriage, only joking, but it is funny… lol.

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    Mute Barry Walsh
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    Jan 26th 2015, 7:25 AM

    Free Arnott’s Tim Tam for all!

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    Mute Barry Walsh
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    Jan 26th 2015, 7:17 AM
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