Tiernan was called to the Bar in 2006 and has a general civil practice with a specialisation in employment and administrative law. A graduate of University College Dublin and King’s Inns, he began his career in IBEC before moving into legal practice. He has extensive experience in civil litigation, both before expert statutory bodies and the superior courts. An active member on a number of professional committees, Tiernan has lectured in a number of institutions, including King’s Inns and the Law Society of Ireland.
Introduction
This case removes any remaining doubt as to the question of whether recommendations of the Labour Court lawfully made pursuant to industrial relations legislation are open to challenge by way of judicial review. In short, they are not.
While it is accepted that determinations of the Labour Court that arise out of rightsbased claims are open to judicial review, the Mullally case provides a clear and useful review of the law concerning the limitations of the High Court’s supervisory function when it comes to Labour Court recommendations.
It is submitted that the Mullally case goes beyond the strict question of judicial review. By necessary implication, the judgment provides a strong authority to counter any argument to suggest that
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