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employment lawyers please help

  • 22-07-2011 5:43pm
    #1
    enry
    Registered Users, Registered Users 2 Posts: 235 ✭✭


    I understand from a recent high court case that JLC are no longer constitutional, however, does anyone know whether there is any constitutional challenges to REA's and if there is where can I find information about it.

    Really would appreciate any help anyone could give me on this


Comments

  • #2
    ODuill
    Registered Users, Registered Users 2 Posts: 23 ✭ODuill


    There are no pending challenges to any REA at this time. There are 68 REA's in force, 64 are pertaining to individual companies and the employees, there are 4 sectoral REA's, see link

    http://www.labourcourt.ie/Labour/Information.nsf/vwLCG/Chapt008?OpenDocument

    There should not be any challenges to the REA's in place or any short term REA's to cover any periods while the government legislates on any new JLC/ERO (2) mechanisms later this year and with possible introduction in to law in March 2012, in essence the timeframe for a legal challenge is longer than the introduction of any legislation early in 2012.

    The main differences in any new proposed JLC process will be that the government will appoint a subcommittee and the JLC reports in and then the subcommittee reports to the minister and the minister enacts the sub committees report, thus circumventing the recent ruling as the subcommittee will and does consist of wholly elected representatives and statutory powers are not now been giving to the Labour Court and faceless unelected committees.

    It will be a case of making submissions and lobbying going forwards.

    It should also be noted that it was not the JLC that was ruled against, but the employment regulation orders of the JLC, the JLC can still sit and meet, however they have no outlet for their agreements, this will change with legislation next year.

    http://www.irishtimes.com/indepth/court-ruling/ruling.pdf


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