Naisiunta Leictreacht (NECI) v Labour Court & ors (Approved) [2021] IESC 36_2 (18 June 2021)

Naisiunta Leictreacht (NECI) v Labour Court & ors (Approved) [2021] IESC 36_2 (18 June 2021)

The Supreme Court held that the Industrial Relations (Amendment) Act 2015 provided sufficient policy, objectives, and boundaries to guide the Labour Court in the exercise of delegated legislative power, and thus did not amount to an unconstitutional abdication of legislative authority by the Oireachtas. The Court also found that while the Labour Court is not required to provide discursive judgments, it must give sufficient reasons for its decisions to allow parties to understand the basis for the outcome. The absence of adequate reasons in this case was a deficiency.

Citation
[2021] IESC 36_2
Parties
Applicant/respondent: Naisiúnta Léictreach Contraitheoir Éireann Coideachta Faoi Theorainn Ráthaoichta; Respondent/appellant: The Labour Court; Respondent/appellant: The Minister for Business, Enterprise and Innovation; Respondent/appellant: Ireland; Respondent/appellant: The Attorney General
Jurisdiction
Ireland
Judgment Date
18 June 2021
Procedural Posture
Supreme Court Appeal / Judgment on Appeal From High Court
Outcome
Part of the High Court judgment set aside
Legal Topics
Delegation of Legislative Power, Separation of Powers, Judicial Review of Subordinate Legislation, Industrial Relations, Collective Bargaining, Statutory Interpretation
Constitutional Law Administrative Law Labour Law Delegation of Legislative Power Separation of Powers Judicial Review of Subordinate Legislation Industrial Relations Collective Bargaining +1 more

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Parties

Naisiúnta Léictreach Contraitheoir Éireann Coideachta Faoi Theorainn Ráthaoichta

Applicant/respondent

The Labour Court

Respondent/appellant

The Minister for Business, Enterprise and Innovation

Respondent/appellant

Ireland

Respondent/appellant

The Attorney General

Respondent/appellant

Procedural Posture

Supreme Court Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the delegation of legislative power under the Industrial Relations (Amendment) Act 2015 is constitutionally permissible under Article 15.2 of the Constitution
  2. 2 Whether the Oireachtas provided sufficient guidance and limits to the Labour Court in making subordinate legislation
  3. 3 Whether the Labour Court was required to provide reasons for its decisions

Ratio Decidendi

The Supreme Court held that the Industrial Relations (Amendment) Act 2015 provided sufficient policy, objectives, and boundaries to guide the Labour Court in the exercise of delegated legislative power, and thus did not amount to an unconstitutional abdication of legislative authority by the Oireachtas. The Court also found that while the Labour Court is not required to provide discursive judgments, it must give sufficient reasons for its decisions to allow parties to understand the basis for the outcome. The absence of adequate reasons in this case was a deficiency.

Court Disposition

Part of the High Court judgment set aside

Orders

  • The Supreme Court set aside the relevant part of the High Court judgment concerning the constitutionality of the delegation under the 2015 Act.