Mullally & Ors v The Labour Court & Another Posted In: Case Law
Case ReferenceIECA 291
Legal BodyCourt of Appeal (IECA)
Type of Claim / JurisdictionTribunal Practice, Procedures and Jurisdictional Issues
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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