The High Court has blocked Junior Employment Minister Damian English from introducing pay increases for 16,000 workers in Ireland’s security industry from next Monday.
Trial Attorney Eoin O’Shea told Judge Nuala Butler that the minister had indicated through an August 3 press release that he intended to initiate a employment control order to increase the wages of security guards.
O’Shea, who has appeared with Tom Casey Solicitors before three security firms, has been granted permission to challenge the Minister’s decision and the Labor Court’s proposal through judicial review on behalf of Top Security, Morbury and Las Security. .
Judge Butler said the court, on evidence, restricted ministers from signing the proposed new Employment Control Order that would allow leave and provide a new minimum wage of 12:50 per hour and an increased minimum wage of €12. He said he was happy to order the stay. : Hourly wage 90 yen from February 1.
According to O’Shea, the applicant is a company that provides security and guard services in the Irish market, which included providing security staff to Irish customers, including a 24-hour manned service.
tech solution
He said the number of companies engaged in providing static security services has declined, from 214 in 2014 to 184 in 2020. 1,000 people in the same period.
Judge Butler heard that the Industrial Relations Amendment Act provides for the establishment of a joint labor commission and provides a mechanism for submitting proposals to the Labor Court for adoption by the Minister of Employment Control Orders.
Mr O’Shea told the court that such committees were made up of trade union representatives, and in this case, on the employer’s side, mainly members of large security firms, and of workers and employers. It promotes harmonious relations between companies and avoids industrial turmoil, he said.
press release
He said that when the Joint Labor Board formulates a proposed regulatory order, it is obligated to issue notice of the order and seek written representation within 21 days of issuance. He said his client had requested a copy of the Labor Court recommendation from the minister twice, but he had received none before the minister’s press release.
He argued in court that the Labor Relations Amendment Act states that employers who fail to pay the minimum wages set forth in employment control orders or apply other conditions of employment, such as holidays or overtime, can be found guilty of criminal offences. He said he had committed a crime.
According to O’Shea, the three applicants believe that the Joint Labor Committee’s process favors the interests of large companies rather than smaller employers, produces anti-competitive results, and provides customers with access to cheaper technology. He said he thought it would tend to encourage conversion and reduce jobs in the industry. Solution and less static guards.
Judge Butler granted the injunction, postponed the introduction of the new rules, and postponed the judicial review process until early November.
