Challenge to Labour Court decision is moot after application is withdrawn

By: Ciaran Joyce BL

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High Court grants order to strike out judicial review proceedings challenging a decision of the Labour Court concerning whether or not to make a recommendation to the Minister for the making of an SEO (Sectoral Employment Order) based upon an application of the notice parties, finding that: (a) there was no outstanding live issue between the parties with potential legal consequences since the withdrawal of the application of the notice parties and accordingly the issues raised are moot: (b) there was no issue of exceptional public importance and special reasons in the public interest arising; and (c) the convenience of the applicant was not a proper determinative factor.

Judicial review – mootness – s. 14 of the Industrial Relations (Amendment) Act 2015 – Sectoral Employment Order – electrical contracting industry – manner in which the Labour Court made its decision to conduct an examination on the issue as to whether or not to make a recommendation to the Minister for the making of an SEO based upon the s. 14 application of the notice parties – whether the proceedings are moot after the notice parties advised the respondent that its application for an SEO was withdrawn – Part 3 of the Industrial Relations Act, 1946 – Article 15.2.1 of the Constitution – 2009 Flood Cassells report – whether there is any real live issue between the parties at present – there is no outstanding live issue between the parties with potential legal consequences since the withdrawal of the s.14 application of the notice parties and accordingly the issues raised are moot – proceedings struck out.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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