Court ruling - Vulnerable staff deserve protection

The High Court yesterday found that there were insufficient principles and policies in the legislation governing the Joint Labour Committee (JLC) system to permit it to operate constitutionally.

The case was brought by John Grace Fried Chicken of Cork and the Quick Service Food Alliance, which represents some other fast food outlets. They argued that the JLC system was unconstitutional and unfair. The state defended JLC system as an appropriate means of protecting the rights of lower paid workers.

Mr Justice Kevin Feeney ruled that the minimum pay and conditions proposed by the JLC for approval by the Labour Court under the Employment Regulations Order of May 2008 were unconstitutional, because Government had essentially delegated excessive authority in relation to pay and conditions to the Labour Court without guiding policies and principles.