An equine firm specialising in training horses for polo has brought a legal challenge to the Minister for Jobs’ refusal to renew a work permit for a long serving employee.
Herbst Manufacturing Ltd, trading as Polo Wicklow, wants the court to overturn the refusal of July 16th last to renew the work permit of an Argentine trainer living here with his family since 2003.
The company says it was informed the refusal is due to a conviction the company received after it admitted employing a person it had believed was entitled to work in Ireland but did not have the requisite permit.
The company, represented by Conor Power SC, fears for its livelihood if the Minister’s pattern of refusing to renew work permits for its employees continues, the court heard.
For 25 years it has prepared horses to compete in polo tournaments which are sold to customers in other European countries.
Due to the specialised nature of the business, Mr Power said it was “practically impossible” to locate suitably qualified trainers in Ireland and the firm recruits South American nationals as trainers.
The company was convicted and fined €750 in the District Court last January after pleading guilty to an offence under the 2006 Employment Permits Act.
The case arose after the company employed for seven weeks an Argentine national who was not entitled to work in Ireland.
The company said it believed the man, a student, was entitled to work in the State and the paperwork was in order. He had provided them with a PPS number and they had registered him for PAYE and PRSI, the High Court was told.
Since its inception the company says it has always taken its legal obligations in respect of its employees very seriously.
Last January, the company applied to renew the work permit of another Argentinian man working for it since 2003 but that was refused. While the company was informed the refusal was because of its conviction concerning the other man, Mr Power said it was never the case the conviction would operate as “a blanket ban” on any future applications for employment permits.
The Minister has discretion to issue a permit in spite of a conviction and was asked to review her decision but she last July upheld the original decision.
The firm had also appealed against the District Court conviction, counsel said.
In its High Court action, the company argues the Minister erred in law, breached fair procedures and failed to give adequate reasons for her refusal or to examine the individual circumstances of the applicant’s case.
The Minister failed to consider the circumstances of the conviction in the District Court and has made a premature decision, it is also claimed.
Permission to bring the action was granted, on an ex parte (one side only represented) basis, by Ms Justice Margaret Heneghan who returned the matter to November.