Court finds JLC system unconstitutional

Business And Leadership
07.07.2011

The High Court has today ruled that the Joint Labour Committee system of setting minimum wages for certain workers is unconstitutional.

The important case was brought in front of the High Court by John Grace Fried Chicken of Cork and the Quick Service Food Alliance which represents a group of fast food outlets including Subway, Abrakebabra, Supermac’s and Burger King.

According to RTE, the groups said that the system was unconstitutional, unfair, and breached their property rights.

They claimed the JLCs allowed for the setting of wage rates higher than the national minimum wage. Under the system, Sunday pay rates were also higher than those set under the Organisation of Working Time Act.

The Irish Times reports that the judge said the system was unconstitutional because they gave too much power to the Labour Court in the absence of any guiding policies or principles.

The judge found in favour of John Grace Fried Chicken of Cork and the Quick Service Food Alliance as he found their property rights and rights to fair procedures were breached.

In a statement after the hearing, IBEC urged the Government to accept the court’s decision and not attempt to resurrect this unconstitutional mechanism in some other form.

Full article


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