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'Absolute bar' on court restraint of industrial action once conditions are met, Supreme Court finds

Summary

In a 2024 Supreme Court ruling, the court held that the High Court erred in granting an injunction that restrained Unite the Union from industrial action against H.A O'Neill Limited. The injunction, obtained after a union ballot and a first strike, had been based on the company's claim that the union's action was unlawful and that a valid trade dispute did not exist. The Supreme Court, in a unanimous decision, found that the 1990 Industrial Relations Act provides an absolute bar to such injunctions when the union is registered, the ballot favours action, and the employer has been given at least a week's notice. The court noted that the relevant sectoral employment order had been quashed and that the injunction should not have been granted. The case will return for final orders later this month.

Who, what, where, when and why

What: Report matter: 'Absolute bar' on court restraint of industrial action once conditions are met, Supreme Court finds. Procedural stage: hearing_or_decision

When:

• March 10, 2023 Hearing Or Sentence
• 2024-03-06 Publication

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report