Courts / Clare / Report
WRC rules it has jurisdiction to hear Kuwaiti Embassy employment claim
Summary
The Workplace Relations Commission (WRC) ruled that it had jurisdiction to hear a complaint by former Kuwaiti Embassy staff member Fozia Rafiq under the Protection of Employees (Fixed‑Term Work) Act 2003. Rafiq, who worked as an administrator for Kuwaiti students in Ireland from 4 February 2020 to 3 February 2021, claimed she was treated less favourably because her contract was not renewed. The embassy sought to invoke sovereign immunity, arguing Rafiq was a consular officer and that the WRC lacked jurisdiction. The embassy's barrister cited a 1992 Supreme Court decision on a Canadian ambassador's chauffeur, while Rafiq's solicitor argued that she was a low‑paid, routine administrative employee with no managerial discretion. The WRC's adjudicating officer, Máire Mulcahy, noted that the case law cited by Kuwait had been overtaken by the 2004 UN Convention on Jurisdictional Immunities and that Ireland was bound by customary international law.
Who, what, where, when and why
What: Report matter: WRC rules it has jurisdiction to hear Kuwaiti Embassy employment claim. Procedural stage: hearing_or_decision
When:
- 4 February 2020 Other
- 3 February 2021 Other
- December 2020 Hearing Or Sentence
- 2023-06-08 Publication
Why: The Workplace Relations Commission ruled it had jurisdiction to hear embassy worker Fozia Rafiq's complaint under the Protection of Employees (Fixed-Term Work) Act 2003, in which she alleged she was treated less favourably because of her status as a worker on a temporary contract, which it ultimately rejected. CNI source report
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