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The High Court refused applications to set aside leave for judicial review proceedings brought by two applicants challenging Labour Court decisions regarding their employment status in the film industry. The court held that the statutory appeal route to the High Court was not an adequate alternative remedy, as the Labour Court had failed to provide sufficient reasons for its decisions, undermining the effectiveness of the appeal process. The applicants were found to have an arguable case that the Labour Court erred in law by inadequately addressing the relationship between production workers, special purpose film companies, and the producer company. Costs of the motion were provisionally awarded to the applicants.
judicial review – leave to apply for judicial review – set aside application – employment law – Labour Court – film industry – producer company – special purpose vehicle – employment status – adequate alternative remedy – Right of appeal – Terms of Employment (Information) Act 1994 – Protection of Employees (Fixed-Term Work) Act 2003 – Section 46 Workplace Relations Act 2015 – statutory interpretation – adequacy of reasons – costs – Rules of the Superior Courts (RSC)
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