EMPLOYMENT APPEALS TRIBUNAL
CLAIM OF: CASE NO.
Ayaz Nagori UD66/2014
- Claimant
against
Tesco Ireland Limited
- Respondent
under
UNFAIR DISMISSALS ACTS 1977 TO 2015
I certify that the Tribunal
(Division of Tribunal)
Chairman: Mr P. Hurley
Members: Mr D. Hegarty
Ms H. Henry
heard this claim at Limerick on 16th January 2017
Representation:
Claimant: Trayers & Company, Solicitors, 29/30 Ushers Quay, Dublin 8
Respondent: Sinead Mullins, IBEC, Gardner House, Bank Place, Charlotte Quay Limerick
The determination of the Tribunal was as follows:-
Preliminary Issue:
The claimant was employed by the respondent in one of their supermarkets in the Limerick area from December 2006 until his employment was terminated in May 2013. The claimant is a non-EEA National and therefore requires a work permit to secure employment in this jurisdiction.
The representative for the respondent raised the issue as to whether the Tribunal had jurisdiction to hear a claim under the Unfair Dismissals Acts, 1977 to 2015 given that when the claimant’s employment was terminated he did not have a work permit and therefore was not permitted to work lawfully for the respondent or any employer within this State.
Legal submissions were submitted by both parties in respect of the preliminary issue.
Preliminary Determination:
Section 4 of the Employment Permits Act 2014 only provides for civil proceedings to be initiated in cases of underpayment or non-payment of monies as a result of work carried out by a foreign national. The instant case does not concern the underpayment or non-payment of monies. The provisions of Section 4 do not extend to the Unfair Dismissals Acts, 1977 to 2015.
Mr Justice Hogan in the High Court Decision of Hussein v the Labour Court and Younis [2012] IEHC 364 at paragraph 19 and 20 specifically refers to the fact that there is no right of suit for persons under the Unfair Dismissals Acts where no valid work permit exists.
The claim under the Unfair Dismissals Acts, 1977 to 2015 is therefore not justiciable and must be dismissed.
Sealed with the Seal of the
Employment Appeals Tribunal
This ________________________
(Sgd.) ________________________
(CHAIRMAN)