Irish High Court Case of Mullally & Ors. v. Labour Court & Anor [2015] IEHC 351

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 beyond the strict question of judicial review. By necessary implication, the judgment provides a