De Morais v Minister For Social Protection and Ors (Approved) [2026] IEHC 163 (20 March 2026)

De Morais v Minister For Social Protection and Ors (Approved) [2026] IEHC 163 (20 March 2026)

Under Irish law, a person who works without a valid work permit is not employed under a lawful contract of service and is not an 'employee' for the purposes of redundancy payments or social welfare benefits. The Directive allows Member States to define 'employee,' and since Irish law excludes undocumented workers from this definition, there is no conflict with EU law. The applicant, not being in insurable employment, is not entitled to redundancy payments from the State fund.

Citation
[2026] IEHC 163
Parties
Applicant: Nilton De Morais; First Respondent: Minister for Social Protection; Second Respondent: Ireland and the Attorney General; Third Respondent: Minister for Trade, Enterprise & Employment
Jurisdiction
Ireland
Judgment Date
20 March 2026
Procedural Posture
Judicial Review / Final Judgment at High Court
Outcome
Reliefs refused; application dismissed.
Legal Topics
Redundancy Payments, Undocumented Workers, Insurable Employment, Work Permits, Directive 2008/94/ec, Alternative Remedies, Judicial Review, Interpretation of 'employee', Public Policy, Disapplication of National Law
Employment Law Immigration Law Social Welfare Law European Union Law Redundancy Payments Undocumented Workers Insurable Employment Work Permits +6 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 23 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Nilton De Morais

Applicant

Minister for Social Protection

First Respondent

Ireland and the Attorney General

Second Respondent

Minister for Trade, Enterprise & Employment

Third Respondent

Procedural Posture

Judicial Review / Final Judgment at High Court

Legal Issues

  1. 1 Whether an undocumented worker is entitled to redundancy payments from the State fund under Irish law and/or EU Directive 2008/94/EC
  2. 2 Whether Irish law conflicts with Directive 2008/94/EC regarding the definition of 'employee'
  3. 3 Whether judicial review is appropriate given the existence of statutory appeal mechanisms

Ratio Decidendi

Under Irish law, a person who works without a valid work permit is not employed under a lawful contract of service and is not an 'employee' for the purposes of redundancy payments or social welfare benefits. The Directive allows Member States to define 'employee,' and since Irish law excludes undocumented workers from this definition, there is no conflict with EU law. The applicant, not being in insurable employment, is not entitled to redundancy payments from the State fund.

Court Disposition

Reliefs refused; application dismissed.

Orders

  • Refusal of reliefs sought in the notice of motion dated 14 May 2025 and statement of grounds.
  • Parties to furnish written submissions on final order and costs within four weeks.