High Court dismisses a challenge to the constitutionality of legislation providing for workplace dispute resolution procedures, including unfair dismissals, in private, on the grounds that: (a) the requirement that justice be administered in public did not automatically apply to non-judicial tribunals; (b) it was open to the legislature to provide for private resolution of workplace disputes notwithstanding the constitutional presumption in favour of the public administration of justice; and (c) in any event, the requirement of a public hearing was provided for by the entitlement to an appeal before the Labour Court.
Judicial review - procedural mechanisms for resolution of employment disputes - Workplace Relations Act 2015 - whether procedures involved the administration of justice within the meaning of Art 34 of the Constitution - whether determination of a claim for unfair dismissal or claim for payment in lieu of notice were matters reserved to judges - whether legislation invalid - challenge to Labour Court - Unfair Dismissals Act 1977 - dismissal of applicant from employment as supervisor of convenience store - hearing by adjudication officer - decision issued prior to date of hearing - decision invalid - public hearing sought by applicant - history of litigation - consequences of Supreme Court judgment - procedure contained in 2015 Act - substantive rights set out in other legislation, primarily 1977 Act - locus standi - Unfair Dismissals (Amendment) Act 1993 - Payment of Wages Act 1991 - Administration of Justice - Article 34.1 of the Constitution - administration in public - characteristics of the administration of justice - dispute - determination of rights of parties - determination of liabilities or penalties - enforcement - order of court - whether employment disputes had traditionally been justiciable - history of employment disputes - court of law involved at second instance, after first private hearing - existence of right of appeal - existence of parallel right of access to the courts - Article 37 of the Constitution - Article 40.3 - legal qualifications - no criminal sanction for witness who gives false evidence - no express provision for cross-examination of witnesses.