Court rules against JLC's

Shawady

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Don't know if this is the correct forum but I thought it was worth posting this item. The court has ruled that the JLC system is un-constitutional. The are 5 or 6 other cases like this in the pipeline. The electrian contractors group is one taking such a case.

http://www.rte.ie/news/2011/0707/jlc.html
 
It puts FG in a strong position with the Labour party to push through their JLC reforms .


Mods, i just noticed the Employment forum. This thread is probably better suited there.
 
Excellent news!
Anything that takes the government out of our day to day lives is a good thing.
 
Indeed Purple, the big worry left now though is whether employers will be forced to recognise Unions. I think this is the bigger problem. But anyway, every little helps to encourage employment.
 
I think that between the Government's pledge to introduce legislation on collective bargaining rights & ICTU's recent complaint to the International Labour Organisation mandatory Trade Union recognition is just around the corner.

Ireland is in breach of it's obligations under ILO conventions & ICTU are hopeful that their complaint will be heard later this year.

An ILO convention is an international treaty binding the state.

Perhaps ICTU's complaint will force the Government's hand in terms of honouring their pre election pledge in the short rather than longer term ?

Prior to the election I asked Leo Varadkar for assurances that collective rights legislation would be introduced by FG , he said that it would on the basis that FG like all the major parties realised that if the Unions took legal action then such legislation would have to be enacted in any event - it was simply a question of " playing nice ".

In fairness to Mr. Varadkar his preferred option in terms of collective bargaining rights enhancements was via workers groups / employees association rather than Unions.
 
I think that between the Government's pledge to introduce legislation on collective bargaining rights & ICTU's recent complaint to the International Labour Organisation mandatory Trade Union recognition is just around the corner.

Ireland is in breach of it's obligations under ILO conventions & ICTU are hopeful that their complaint will be heard later this year.

Yes, we don't want to get on the wrong side of the ILO! Didn't the Supreme court decide that the Government did not have power to introduce legislation to force employers to recognise Trade Unions. All very well to endorse ILO conventions but if something is unconstitutional, it is unconstitutional. The ILO can say what it wants but it can't do anything. Suppose we could have yet another referendum.
 
Yes, we don't want to get on the wrong side of the ILO! Didn't the Supreme court decide that the Government did not have power to introduce legislation to force employers to recognise Trade Unions. All very well to endorse ILO conventions but if something is unconstitutional, it is unconstitutional. The ILO can say what it wants but it can't do anything. Suppose we could have yet another referendum.

The Supreme Court's decision was based on current legislation.

The Supreme Court however did not rule that a sitting Government could not introduce legislation to force employers to recognise Trade Unions.

This is further evidenced by the fact that all the major parties pre the last election promised to introduce legislation which as well as enhancing collective bargaining rights also meant that for the first time ever employers would have to recognise Trade Unions.
 
The Supreme Court's decision was based on current legislation.

The Supreme Court however did not rule that a sitting Government could not introduce legislation to force employers to recognise Trade Unions.

This is further evidenced by the fact that all the major parties pre the last election promised to introduce legislation which as well as enhancing collective bargaining rights also meant that for the first time ever employers would have to recognise Trade Unions.

Not according to the ICTU.

'In a recent Supreme Court Ruling concerning IMPACT and Ryanair, the Supreme Court made the observation that the Oireachtas has no power to introduce a law granting the right to union recognition'
 
Don't know if this is the correct forum but I thought it was worth posting this item. The court has ruled that the JLC system is un-constitutional. The are 5 or 6 other cases like this in the pipeline. The electrian contractors group is one taking such a case.

http://www.rte.ie/news/2011/0707/jlc.html
It's a moot point anyway, now that employers can get their cheap labour for free (at the State's expense of course) via the http://www.jobbridge.ie/ programme.
 
It's a moot point anyway, now that employers can get their cheap labour for free (at the State's expense of course) via the http://www.jobbridge.ie/ programme.

Is that the scheme that the Labour Minister for social welfare said

"The Scheme will ensure that people can enhance their current skills and develop new ones. It will provide a real alternative to people who find themselves without work. It will also give young people the opportunity to gain valuable experience as they move between study and the beginning of their working lives"

Who would have guessed that labour would help evil employers exploit vunerable people.

Presume you made your feelings known at the last party meeting.
 
Not according to the ICTU.

'In a recent Supreme Court Ruling concerning IMPACT and Ryanair, the Supreme Court made the observation that the Oireachtas has no power to introduce a law granting the right to union recognition'

I stand corrected !

However as ICTU also point out " We are also aware of the EU charter of Fundamental Rights which provides for the Rights ( not the option ) to negotiate & conclude collective agreements.
Most significantly , there is the recent case law from the European Court of Human rights.
Most of us are aware of the Wilson Judgement which precludes victimisation of Trade Unionists. "

Richard Bruton has accepted that based on the EU Charter & European Court judgements that the Government must enact legislation to reflect both the charter & judgements.

Surely based on pre election promises , a Labour Party sharing power , the complaint to the ILO & the above statement by ICTU then Trade Unionists can expect mandatory Trade Union recognition shortly ?
 
now that employers can get their cheap labour for free (at the State's expense of course) via the http://www.jobbridge.ie/ programme.
Isn't this spending that's financed from the decision to confiscate 2.4% of private sector pensions? (Same with the VAT reductions)

True enough that our savings are now being regarded as state funds though.
 
I stand corrected !

However as ICTU also point out " We are also aware of the EU charter of Fundamental Rights which provides for the Rights ( not the option ) to negotiate & conclude collective agreements.
Most significantly , there is the recent case law from the European Court of Human rights.
Most of us are aware of the Wilson Judgement which precludes victimisation of Trade Unionists. "

Richard Bruton has accepted that based on the EU Charter & European Court judgements that the Government must enact legislation to reflect both the charter & judgements.

Surely based on pre election promises , a Labour Party sharing power , the complaint to the ILO & the above statement by ICTU then Trade Unionists can expect mandatory Trade Union recognition shortly ?

Not without changing the constitution by the sounds of it.
 
Is that the scheme that the Labour Minister for social welfare said

"The Scheme will ensure that people can enhance their current skills and develop new ones. It will provide a real alternative to people who find themselves without work. It will also give young people the opportunity to gain valuable experience as they move between study and the beginning of their working lives"
Yes, that's the one all right. Not sure why you would be confused - were there other jobbridge internship schemes launched recently?
Who would have guessed that labour would help evil employers exploit vunerable people.

Presume you made your feelings known at the last party meeting.
If you want to know what happens at meetings, you'll need to join up. See www.labour.ie for more details.

Isn't this spending that's financed from the decision to confiscate 2.4% of private sector pensions? (Same with the VAT reductions)

True enough that our savings are now being regarded as state funds though.
Yes, that's the one all right. Corporate welfare, at its best.

So now we'll have residential childcare workers working for free

[broken link removed]

Topaz petrol station staff, working for free

[broken link removed]

Hotel bar staff, working for free

[broken link removed]

Architects working for free

[broken link removed]

Web developers working for free

[broken link removed]

Outrageous.
 
Complainer, your link says the succesful applicants will receive €50 per week on top of their social welfare entitlements.
 
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Not without changing the constitution by the sounds of it.

The Government obviously feel that constitutional change is not required to effect the legislation to ensure that the State conforms to the European Court judgements as Eurpean law has broad supremacy over the constitution.
 
The Government obviously feel that constitutional change is not required to effect the legislation to ensure that the State conforms to the European Court judgements as Eurpean law has broad supremacy over the constitution.

Well according to IBEC

Loughlin Deegan, a solicitor in IBEC’s employment law unit, who delivered the conference paper on the topic, said: “The notion that the Charter creates an obligation to introduce compulsory collective bargaining is incorrect for two reasons. Firstly, Irish industrial relations laws do not implement EU law and are therefore outside the scope of the Charter. Article 51 specifies that the provisions of the Charter are only for Member States when they are implementing EU law.
“Secondly, Ireland has extremely robust legal provisions, including those enshrined in the Constitution which deal with both freedom of association and its corollary of freedom not to associate. Article 28 of the Charter gives flexibility to member states to act within national laws and practices. Ireland has well developed mechanisms which fully comply with the provisions of Article 28 and exert considerable control over how collective bargaining and strike action are regulated.
“Nothing in Article 28 (or elsewhere in the Lisbon Treaty) can be read as requiring Ireland to make any provision for mandatory trade union recognition or as undermining the fundamental constitutional right of an employer not to recognise a trade union,” concluded Mr Deegan.
 
Yes, that's the one all right. Not sure why you would be confused - were there other jobbridge internship schemes launched recently?

Just a point of interest, my company and others began an intern programme within the last quarter of 2010. Within 2 months 50% of the interns positions here were made full time. Within 4 months 80% were given full time positions. The 20% that weren't given full time work all except 1 (who wanted to go travelling anyway) were fully assisted in finding full time positions elsewhere once their internship was to end.

I'm not saying that finding can be completely applied to this full programme, but just for us and others we know who took part in the scheme, the caliber of the interns was high enough that we soon took them on full time.

Now ask those here whether after 12 months of constant rejection and failure to secure work, a few months on social welfare and working "for free" was worth the entry into slavery.
 
I graduated from college in the mid-90's. I was offered a six month contract with a guy starting up his own business through an IDA sponsered scheme. He was given a grant of £100 a week to employ someone to work for him. The dole at the time was approx £70.

Even though I was not earning much more than the dole I was happy with the work experience and it led directly to me getting a very good job with a large irish company.
 
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