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Court awards chef €92,000 for unpaid wages

The Supreme Court reversed the High Court's decision
The Supreme Court reversed the High Court's decision

The Supreme Court has upheld an award of more than €92,000 to a chef for unpaid wages and compensation for seven years' work in a Clondalkin restaurant.

The decision to make the award was made by the Rights Commissioner in 2011 and endorsed by the Labour Court but it was overturned by the High Court in 2012.

The Supreme Court has reversed this decision.

Mohammed Younis is from Pakistan and came to Ireland to work as a chef in his cousin's restaurant in 2002. 

He does not speak English and claimed he had been exploited by his cousin when he arrived in Ireland.

He said he had been required to work seven days a week with no holidays, except for one unpaid month in September 2009.

Mr Younis also made a complaint about the accommodation provided by his cousin.

His cousin Amjad Hussein denied the claims.   

He claimed that he did not have a work permit for Mr Younis after July 2003 and that Mr Younis had worked for him as a member of his extended family and was not an employee.

The High Court overturned the Labour Court award but the Supreme Court this morning found the Labour Court had not erred in law and reinstated the award.

The decision was welcomed by the Migrant Rights Centre Ireland.

Spokesperson Grainne O'Toole said the High Court judgment had given unscrupulous employers a licence to exploit undocumented workers with impunity.

She said they were relieved for Mr Younis and all other workers that the Supreme Court had disagreed with it.

She added that Mr Younis should never have had to endure such exploitation and the theft of his earnings by his employer.

He had changed the law and made Ireland a better place for all workers, Ms O'Toole said.

Mr Younis said he was very happy and had finally got justice after six years. 

He said his next step was to get the money that was owed to him.