6
COMMENT
The University Observer | 18 September 2012
Undocumented and Unheard
M
ohammad younis was very similar to a lot of people working in businesses across the state. he was working long hours as a chef in a restaurant run by his cousin, amjad hussein. he worked for up to eleven hours a day, every day of the week, for a low wage and without complaint. he was by all accounts a model employee, but he had one problem. From mid-2003, younis was not working legally in Ireland. his work permit had expired and neither his employer nor he himself made any efforts to renew it. as a result, when younis fi nally realized how badly he was being treated in 2009 and resigned from his job, his action against the employer was unsuccessful. While he was initially awarded €92,000 by the labour Court that included in excess of €86,000 that they believed he was due in back pay, Justice Gerard hogan in the high Court quashed that decision last week. While the consequences in this case are profound and obvious, the decision will have far-reaching implications for anyone working in the country without a permit. While the judge was undoubtedly following the law as is his job, he was seemingly critical of the process as a whole. the Irish times have quoted him as saying that his judgment has “important policy implications that the Minister for Jobs and the Oireacthas might consider addressing.” younis and those like him are entirely blameless. they are work-
ing illegally but for a large number like him, they are unaware of their obligations under their visas and the consequences attached to their lapsing, or even the date at which they do. Justice hogan remarked that if the claims made by younis were accurate, that he was the victim of “the most appalling exploitation.” very simply, he was used by his cousin who was in a much better bargaining position than a man coming to a country alone to a family he believed he could trust, when he didn’t even have the language of the land he was now to call home. the law is indeed flawed in that it cannot provide protections to those in society who truly do need it most. While some may argue that younis simply should have had a permit, and because he didn’t it’s his own tough luck, it is actually quite multi-faceted. In this case alone, there has been far more blame directed towards the employee and very little focus on the employer. It is also illegal to employ someone who doesn’t possess a work permit and yet amjad hussein and many like him will probably never see the inside of a criminal court for this offence. essentially, the law leaves the vulnerable employees entirely exposed. there will now be awareness that it is practically pointless to complain about substandard working conditions if you fi nd yourself undocumented and in hostile situations. the legislature must ensure that the labour market is regulated correctly by specifically setting up roadblocks to deter illegal immigrants from tak-
In light of the High Court’s decision to refuse compensation to Mohammad Younis, a man seemingly guilty of little more than forgetfulness, Yvanne Kennedy looks at the rights protections available to undocumented workers in Ireland
t
he effectiveness of the leaving Certificate as a means of measuring academic ability is something that has been questioned almost annually since its inception in 1992. however, this year, the debate seemed to come to a climax as the CaO points for 56% of university courses rose across the board, despite a drop in applicants. In UCD alone, 17% of courses rose by 25 points or more. this has been linked to the introduction of bonus points for higher-level mathematics. In order to address this issue, following the first round of CaO offers, the presidents of Ireland’s seven universities submitted a report to Minister for education, ruairi Quinn. the report focuses primarily on how students are selected for entry to college courses; however, its recommendations would affect the established teaching and learning methods, should they be applied. the report recommends changes that would make Ireland’s university entry system similar to the american style, with more common denominated entry courses and some highly competitive courses, such as law, reserved for graduate entry. this is to combat high dropout rates at present, which are not only a result of the failure of the current education system to prepare students for their college courses, but also are a huge burden to the Irish taxpayer. the Irish Independent recently noted that 26% of science and technology students in UCD failed to progress to their second year, indicating discrepancies between the type of learning expected at leaving Cert level and that expected at a university level. It was suggested that students are choosing college courses based on the number of points they think they will get, rather than what they will actually enjoy. however, the assertion that the “reputational perceptions” of certain courses will be removed by overhauling the points system is unsubstantiated. high point subjects such as Medicine and law are not so purely because of high demand and competitive places, but also because
ing up employment. however, that legislation, if applied uniformly and without consideration for individual circumstances, might have severe consequences for vulnerable workers who could be quite easily exploited by unscrupulous employers looking for inexpensive labour. Currently, a non-Irish national cannot be employed without an appropriate permit and as has been said, this prohibition on employment also stretches to employers. however, an employer can defend themselves in any potential criminal proceedings while an employee is left without a leg to stand on. the law is called the employment Permits act 2003 and it allows an employer to put forward the defence that they took all reasonable steps to ensure compliance with the legislation. an employee has no such opportunity to do so and must fi nd another loophole to jump through, though few are available. Grainne O’toole from the Migrant rights Centre remarked that “fundamental problems” with the act had been uncovered with Mohammad younis’ case. “It is a sad day for Ireland when a man who suffered extreme exploitation is denied justice while his exploiter walks free” she said. this hardly a complex issue, though the law and the lingo may make it seem like such. two wrongs don’t make a right and but when you look at the morality and circumstances of situations such as these it has to be realised that there is something fundamentally wrong when a person is treated as a practical slave, and has no opportunity then to fight back against the person who wronged them simply because they lack a piece of paper. a rights protection for undocumented workers is not something new. Specific legislation exists in other countries to safeguard them from unjust attack and inhumane conditions. It seems like Ireland is stuck in the dark ages with these laws and there is defi nite need for reform. If this case doesn’t shock us into the 21st Century, it’s hard to know what will.
Overhauling the System With Ireland’s University presidents arguing for an overhaul of the Leaving Cert CAO points system, Ciara Gilleece argues for the need for change. of the secure career prospects that go along with the award of such a degree. this is ref lected in this year’s increase in points for science courses, as young people are recognising that demand for such graduates is steadily on the rise, while points for humanities subjects have been dropping in line with the fall in demand for teachers. If anything, this year’s CaO points demonstrate a degree of awareness among prospective students that was lacking during the Celtic tiger. before 2008, fees were much lower and jobs were aplenty, ensuring that dropping out of college was not as big a deal as it would be now, when a significant number of students rely heavily on gaining a hea grant and cannot even secure part-time employment to aid their studies. this year’s first years appear to be conscious of the fact that a degree in Philosophy may well be interesting if one had the money to spare but that in the current economic climate it seems more sensible to choose something practical like Medicine, Science or Commerce. Despite this, it is evident from the leaving Cert results that the current system has many inadequacies. Studying for the leaving Cert consists mostly of learning things by rote, combined with risky predictions by students and even teachers. the simple fact that only 0.1% of 116,000 students managed to get six a1’s or more this year does
not indicate that 99.9% of Ireland’s pupils are academically incapable of being high-achievers, but rather it demonstrates that the teaching and learning methods promoted by the leaving Cert system only suits a minority of students. In comparison, 7.9% of the 335,000 students taking a-levels this year achieved three a* or more. by doing this, more emphasis could be placed on subject content in relation to the desired university course. rather than all subjects currently weighted equally in terms of points, the report calls for incentives to be given to students to study in specific areas. there were also suggestions that examinations,
similar to those of aS-levels in the UK, could be implemented at the end of 5th year in subjects that are basic entry requirements, such as Maths and Irish. It is hoped that this would give students a chance to focus more on achieving higher grades rather than worrying about meeting minimum entry requirements. Ultimately, the report submitted by Ireland’s university presidents is a long overdue step in the right direction; however the notion that it is the points system at fault, more so than the leaving Certificate exam, is misguided. the dramatic rise in points this year was not merely a result of higher level maths
bonus points, but rather an awareness among students that certain courses have better career prospects in today’s economy. Furthermore, the fact that points have reached unprecedented high levels in Science for example indicates that universities are unprepared to offer more places due to financial constraints. Students should welcome the overhaul of the current education system; however, more focus should be placed on the process of learning and maximising exam results to facilitate university entry, rather than seeking to amend a system that is dependent on the stability of the currently inadequate educational structure.