The High Court has ruled that the Joint Labour Committee
("JLC") system of setting wages and terms and conditions
for up to 200,000 workers is unconstitutional.
In the case of John Grace Fried Chicken limited, John
Grace & Quick Service Food Alliance Limited -V- The Catering
Joint Labour Committee, the Labour Court, Ireland & the
Attorney General [2008 No.10663 P], the fast food outlet
Plaintiffs argued that the Joint Labour Committee system is
unconstitutional, unfair, and breached their property rights.
Mr. Justice Kevin Feeney decided that the legislation governing
JLCs has inadequate grounding legal principles and policies that
would allow them to operate constitutionally. Essentially, the High
Court has deemed the Industrial Relations Acts, 1946 and 1990 which
govern JLCs give too much power to the Labour Court without
adequate guidance and supervision from the Oireachtas.