EWCs: Irish High Court heard appeals last week

Irish High Court hears appeals on EWC expert funding; does the Irish Attorney-General’s submission conflate individual and collective matters… highlighting potential legal chaos without clear cost rules in upcoming 2025 Directive transposition

The Key Points  The Irish High Court recently heard appeals from a member of the Verizon European Works Council (EWC) regarding claims for expert funding and reimbursement of training costs. The Attorney-General’s submission asserts that section 17 of Ireland’s legislation allows an individual EWC member to take a collective case, but the Labour Court cannot award costs. The AG also suggested that EWC members could seek reimbursement of legal costs from their employer and escalate disputes to the Workplace Relations Commission if refused.

Why This Matters  This case highlights potential ambiguities in Ireland’s EWC regulations, particularly around funding and cost reimbursement for EWC activities. It seems to us that the Attorney-General erred in trying to conflate individual and collective matters. The Attorney-General’s interpretation could open the door to increased litigation and uncertainty for employers, as individual EWC members might pursue claims for costs and expert fees more aggressively.

What Might Happen Next  Justice Bolger’s decision will clarify the legal landscape for EWC operations in Ireland. The outcome may influence how the forthcoming 2025 Directive is transposed into Irish law, particularly regarding cost management and the distinction between individual and collective rights within EWCs.

What You Should Be Doing  Employers should closely monitor the outcome of this case and advocate for clear, precise rules in the transposition of the new Directive in Irish law to avoid ambiguity around costs. Reviewing current EWC agreements and policies on funding and reimbursement is advisable to ensure compliance and minimize risk.