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ARTICLE · 10 DECEMBER 2012

High Court Declares JLC System Unconstitutional

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.

IrelandEmployment and HR
Gaffney David
Gaffney David

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.

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