Sectoral wage setting declared unconstitutional - Back to the drawing board?
The High Court has upheld a claim brought by the National Electrical Contractors of Ireland (NECI) that a sectoral employment order (SEO) made last year, which set out pay rates, pension and sick pay entitlements of electricians working in the construction industry, is invalid and unconstitutional.
The implications of this decision are far reaching in that, not only is this particular SEO no longer legally operable, the SEOs in the construction and mechanical engineering sectors are now also equally inoperable. This is due to a declaration by the High Court that the sections of the Industrial Relations (Amendment) Act 2015 ("the 2015 Act"), which provide for the making of SEOs, are unconstitutional.
In this briefing, we take a look at the decision.
For more information in relation to this topic, please contact Triona Sugrue, Knowledge Lawyer or any member of the A&L Goodbody Employment team.
Date published: 1 July 2020