Mullally & Ors. v. Labour Court & Anor [2015] IEHC 351

  • Case Reference
    IEHC 351
  • Legal Body
    High Court of Ireland (IEHC)
  • Type of Claim / Jurisdiction
    Collective and Trade Union Issues
Issues covered: Judicial Review; Labour Court Determinations and Recommendations; Trade Disputes; Ultra Vires; Rights-based Claims

Introduction

This case removes any remaining doubt as to the question of whether recommendations of the Labour Court lawfully made pursuant to industrial relations legislation are open to challenge by way of judicial review. In short, they are not.

While it is accepted that determinations of the Labour Court that arise out of rightsbased claims are open to judicial review, the Mullally case provides a clear and useful review of the law concerning the limitations of the High Court’s supervisory function when it comes to Labour Court recommendations.

It is submitted that the Mullally case goes

Already a subscriber?

Click here to login and access the full article.

Don't miss out, start your free trial today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Start my free trial today

This article is correct at 25/11/2015
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Tiernan Lowey BL
Barrister

The main content of this article was provided by Tiernan Lowey BL. Contact telephone number is +353 1 707 9037 or email tlowey@lawlibrary.ie

View all articles by Tiernan Lowey BL