taking a foreign embassy to court/tribunal.

homerjay2005

hi all,

just writing on behalf of my friend who works in a foreign embassy in dublin and is being discriminated against. i wont go into details, basically they are being forced to work in conditions are not standard in irish law, but i have a simple question.

is it possible to take this embassy to court or are they exempt from this? does the fact they are a foreign embassy mean they dont have to follow local laws of employment?

and i am not going to mention the embassy as this is not the place for it!!

thanks.

dermot_sheehan

Government of Canada v. Employment Appeals Tribunal [1992] 2 IR 484

Sovereign immunity would apply to foreign states regarding their employment contracts with embassy staff.

homerjay2005

dermot_sheehan wrote: »

Government of Canada v. Employment Appeals Tribunal [1992] 2 IR 484

Sovereign immunity would apply to foreign states regarding their employment contracts with embassy staff.

so even if they are breaking local legal laws, they are allowed to do it? i wonder if a discrimination case could be taken against them, there surely has to be some way to bring fair play into this.

twogunkid

Yes you can--is feidir leat

I know of a case where a Embassy in D6 were taken to the labour court and had to compensate a worker in circumstances similar to what you describe.
Probably the same crowd --one dosent expect a embassy to behave like that-
If you PM me I would be happy to assist you

homerjay2005 wrote: »

so even if they are breaking local legal laws, they are allowed to do it? i wonder if a discrimination case could be taken against them, there surely has to be some way to bring fair play into this.

MagicSean

If they are not required to follow their hosts laws then surely they are required to follow their home laws and you could take a case in their courts.

homerjay2005

thanks for the advice....

will see how this goes and update.