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.

The legislation gave the Labour Court and the JLCs too much power without proper guidance and supervision by the Oireachtas, the High Court concluded.

The Government already planned to reform the wage setting mechanisms governing pay and conditions for the 200,000 people working in sectors such as the hospitality and catering industries, security services, cleaning and hairdressing. Enterprise Minister Richard Bruton had already brought reform proposals to the Cabinet, but those will apparently have to be revised.

Opponents had been arguing that the reform would result in widespread poverty for lower paid workers, who would suffer as a result of cuts in overtime and rates of premium pay.

There have always been unscrupulous employers who have exploited workers. That was why labour legislation was introduced in the first place.

It is the Government’s responsibility to introduce such legislation. Of course, it will need the help and advice of those involved in such mechanisms as the JLCs, which comprised of representatives from the various components of the respective industries.

However, we elect the Government to govern, and it should never lose sight of the fact that its primary aim is to protect society as a whole in a fair and just way.

People who work in the hospitality and catering sectors are generally among the lowest paid, and they are particularly vulnerable at the hands of unscrupulous employers. There is therefore a particular onus on Government to protect those vulnerable workers.

Mr Bruton indicated yesterday that he would bring in interim measures to protect them while balanced long-term reform is prepared. It is important he demonstrates this commitment in a practical way without delay.