Minister for Justice, Equality and Law Reform & ors -v- The Workplace Relations Commission & ors [2017] IESC 43 (15 June 2017)

Minister for Justice, Equality and Law Reform & ors -v- The Workplace Relations Commission & ors [2017] IESC 43 (15 June 2017)

As a matter of Irish national law, the Tribunal does not have jurisdiction to disapply or set aside secondary legislation; such power is reserved to the High Court. This arrangement does not breach the EU law principles of equivalence or effectiveness, as the High Court can provide an effective remedy for breaches of EU employment equality law. However, it is not acte clair whether EU law requires that the Tribunal itself have such jurisdiction, and this question must be referred to the Court of Justice of the European Union for a preliminary ruling.

Citation
[2017] IESC 43
Parties
Applicant/respondent: Minister for Justice, Equality and Law Reform; Applicant/respondent: Commissioner of An Garda Síochána; Respondent/appellant: The Workplace Relations Commission; Notice Party: Ronald Boyle; Notice Party: Gerard Cotter; Notice Party: Brian Fitzpatrick
Jurisdiction
Ireland
Judgment Date
15 June 2017
Procedural Posture
Appeal (from High Court, Judicial Review) / Supreme Court Judgment With Referral to CJEU
Outcome
Referral to the Court of Justice of the European Union (CJEU) for a preliminary ruling.
Legal Topics
Jurisdiction of Statutory Tribunals, Disapplication of Secondary Legislation, Employment Equality, Age Discrimination, Principle of Equivalence, Principle of Effectiveness, Referral to CJEU
Constitutional Law Employment Law European Union Law Administrative Law Jurisdiction of Statutory Tribunals Disapplication of Secondary Legislation Employment Equality Age Discrimination +3 more

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Parties

Minister for Justice, Equality and Law Reform

Applicant/respondent

Commissioner of An Garda Síochána

Applicant/respondent

The Workplace Relations Commission

Respondent/appellant

Ronald Boyle

Notice Party

Gerard Cotter

Notice Party

Brian Fitzpatrick

Notice Party

Procedural Posture

Appeal (from High Court, Judicial Review) / Supreme Court Judgment With Referral to CJEU

Legal Issues

  1. 1 Whether the Workplace Relations Commission (formerly the Equality Tribunal) has jurisdiction to disapply secondary legislation (the Garda Síochána (Admissions and Appointments) (Amendment) Regulations, 2014) alleged to be contrary to EU employment equality law
  2. 2 Whether, as a matter of Irish constitutional law, such jurisdiction can be conferred on a statutory tribunal
  3. 3 Whether EU law (principles of equivalence and effectiveness) requires that the Tribunal have such jurisdiction, or whether it is sufficient that the High Court can provide an effective remedy

Ratio Decidendi

As a matter of Irish national law, the Tribunal does not have jurisdiction to disapply or set aside secondary legislation; such power is reserved to the High Court. This arrangement does not breach the EU law principles of equivalence or effectiveness, as the High Court can provide an effective remedy for breaches of EU employment equality law. However, it is not acte clair whether EU law requires that the Tribunal itself have such jurisdiction, and this question must be referred to the Court of Justice of the European Union for a preliminary ruling.

Court Disposition

Referral to the Court of Justice of the European Union (CJEU) for a preliminary ruling.

Orders

  • The Supreme Court refers the question of whether EU law requires the Tribunal to have jurisdiction to disapply secondary legislation to the CJEU under Article 267 TFEU.
  • The cross-appeal on costs is deferred pending the outcome of the substantive appeal.