Permit-less worker in High Court challenge
The High Court is to hear a judicial review case brought by Nilton de Morais, who is represented by FLAC (Free Legal Advice Centres), which challenges the Minister for Social Protection’s decision to refuse his claim for a payment under the Redundancy Payment Scheme.
Nilton de Morais was employed by Advertising Pens Ltd from 2012 to 2021.
FLAC said that over those eight years his salary was subject to the normal deductions in respect of income tax and social insurance. He was made redundant in October 2021.
Insolvent
As his employer was insolvent (and unable to provide him with a statutory redundancy payment), he made an application for a payment from the Redundancy Payment Scheme.
His application was refused on the basis that he could not be considered as having been in “insurable employment” in circumstances where he did not have a valid work permit during the relevant period.
Nilton de Morais’ argues that the Irish legislation which excludes him from accessing the payment is not consistent with the relevant EU Directives concerning the protection of employees in the event of the insolvency of their employer.
He is seeking orders of the High Court quashing the decision to refuse his application to the Redundancy Payment Scheme and requiring the reconsideration of his application.
Since the redundancy, Mr de Morais’ residency and entitlement to work has been regularised on foot of successful application to the regularisation of Long Term Undocumented Migrant Scheme.