A Galway fashion retailer, Elland Distributors (trading as Born Clothing), has been ordered to pay €25,000 to a Brazilian employee, Poliane Fernandes Lima, after being found guilty of unfair dismissal. Ms Lima was fired based on incorrect information about the status of her work visa.
A Galway fashion retailer has been ordered to pay €25,000 to a Brazilian employee who it fired as a result of incorrect information about the status of her work visa.
READ MORE: 'We feared life-changing scoliosis surgery hope was gone after we couldn't get travel insurance'The WRC heard that she had no doubt that her visa was going to be renewed as she had become engaged in December 2023 and had applied for a mortgage in Ireland. Ms Lima gave evidence that the firm’s office manager, Marty Murphy, had given her a letter on January 25, 2024 which said they were letting her go.
Mr Murphy told the WRC that he had dismissed Ms Lima on January 25, 2024 after discovering that her visa had expired two days earlier. The witness said he had sought legal advice about the ramifications of employing somebody without a working visa. The WRC heard that Ms Lima’s visa was renewed on January 28, 2024 which Mr Murphy acknowledged was within her notice period.
She highlighted how the legal advice obtained by Mr Murphy had not informed him about an eight-week grace period allowed for by the Department of Justice in cases where a visa had expired. Ms O’Carroll said Ms Lima was dismissed on January 25, 2024, despite telling her employer that her visa would be renewed one working day later on January 28, 2024.
Unfair Dismissal Visa Issue Employment Law Galway Fashion Retailer
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