Náisiúnta Leictreach Contraitheoir Eireann -v- The Labour Court & ors [2020]
Decision Number: [2020] IEHC 303 Legal Body: High Court of Ireland
Published on: 29/06/2020
Article Authors The main content of this article was provided by the following authors.
Background

The Applicant was a company, limited by guarantee, which represented a number of small to medium sized employers which provide electrical contracting services.

This judicial review was taken to determine:

  1. Whether a sectoral employment order (SEO) made pursuant to the Industrial Relations (Amendment) Act 2015 was legally valid.

  2. Whether the underpinning legislation, Chapter 3 of the Industrial Relations (Amendment) Act 2015, was constitutional.

The High Court, finding for the Applicant, held that the purported SEO was not legally valid and that the underpinning legislation, Chapter 3 of the Industrial Relations (Amendment) Act 2015 was unconstitutional as it did not meet the requirements of 15.2.1° of the Constitution.

By way of background, in McGowan V Labour Court [2013] IESC 21;

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 29/06/2020
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