Mullally & Ors v The Labour Court & Another [2016]

Posted In: Case Law
  • Case Reference
    IECA 291
  • Legal Body
    Court of Appeal (IECA)
  • Type of Claim / Jurisdiction
    Tribunal Practice, Procedures and Jurisdictional Issues
Issues covered: Judicial Review of Labour Court Recommendations

This case involved an appeal of the High Court's decision that the High Court had no jurisdiction to judicially review a recommendation of the Labour Court (LC). The LC had issued a formal recommendation that the additional Trade Union in question should not be recognised by the employer as it would destabilise the negotiating arrangements already in place.

The LC had acted as an independent arbiter to make non-binding recommendations without investigating the legal rights of the parties etc. The Court held that the LC had simply expressed a view as to how the issue, involving the recognition of the Trade Union, could be resolved. The Court concluded that recommendation did not contain the

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This article is correct at 02/11/2016

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