In Polaine Fernandes Lima v Elland Distributors Born Clothing ADJ-00049872, the Complainant brought a complaint to the Workplace Relations Commission (“the WRC”) under section 8 of the Unfair Dismissals Act, 1977.

The Adjudicator, Niamh O’Carroll, found that the Complainant was unfairly dismissed and awarded the Complainant €25,000 as compensation.

Facts: The Complainant is from Brazil and lives and works in Ireland with an Irish Residence Permit card (“IRP Card”).  She has been here for six years. She previously worked in Dublin for Zara and Gucci. She renews this card annually. On 20^th November 2023 she applied to renew her visa. It was due to expire on the 23^rd of January.  She had a conversation about it with the Company’s Payroll Administrator on that date. The Complainant was certain that it would be renewed because she satisfied all of the criteria, and her position was now stronger than in previous years as she was now engaged to an Irish citizen and had applied for a mortgage here with her fiancé.

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