Date Released: 25 June 2015
Former chef Mohammed Younis has been vindicated in a unanimous Supreme Court judgment today (Thursday, 25th June) which upheld a 2011 Rights Commissioner decision – endorsed by the Labour Court – to award him €92,634.42 in unpaid wages and compensation for 7 years’ work in a Clondalkin restaurant.
A 2012 High Court judgment overturned the award on the grounds that an undocumented worker cannot have a valid contract. The Supreme Court has reversed this decision.
Speaking after today’s judgment, Migrant Rights Centre Ireland (MRCI) spokesperson Gráinne O’Toole explained, “The High Court judgment essentially gave unscrupulous employers a license to exploit undocumented workers with impunity. For Mohammed, and for all other workers, we are relieved that the Supreme Court has disagreed with that decision.”
O’Toole added: “Mr Younis has spent the last six years fighting for his rights, and we are overjoyed that the Supreme Court has ruled in his favour at last. He shouldnever have had to endure such exploitation and the theft of his earnings by his employer. In the course of his fight for justice, he has changed the law and made Ireland a better place for all workers.”
Speaking outside the court, Younis said: “I am very happy and I want to thank all my supporters. After six years, I’ve finally got justice. The next step is to get the €92,634.42 that is owed to me.”