JLC pay orders unconstitutional, rules judge

A HIGH Court decision upholding a challenge by fast food operators to an order setting minimum pay and conditions for catering workers outside Dublin has serious implications for the pay and conditions of about 200,000 low-paid workers.

Mr Justice Kevin Feeney yesterday declared unconstitutional laws under which minimum pay and conditions are set under Employment Regulation Orders (ERO) proposed by Joint Labour Committee’s (JLCs) for approval by the Labour Court.

Mr Justice Feeney granted declarations that the relevant provisions of the 1946 and 1990 Industrial Relations Acts were unconstitutional, after finding they delegate “excessive” law-making powers concerning pay and conditions to JLCs and the Labour Court without stating any policies or principles to guide those powers.