Unite the Union wins appeal over industrial action injunction

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Unite the Union won its appeal at the Supreme Court on 6 March 2024 against an injunction that had restrained members from taking industrial action against H.A O’Neill Limited. The injunction had previously been discharged. The dispute concerned a demand to restore a travel allowance previously paid to employees.

The Supreme Court unanimously allowed the appeal, finding that the relevant legislation barred an injunction when its conditions were met. It said the union had shown that a registered union pursued the action, the ballot favoured it and the employer received at least a week’s notice.

The company had argued that the action was unlawful and that the ballot breached the Industrial Relations Act 1990. It also argued that a sectoral employment order required the parties to complete a dispute resolution process before industrial action. The court noted that the order had been quashed in separate proceedings.

The Chief Justice said the legislation should not be read narrowly because that would defeat its purpose of protecting unions and their members. He also considered the constitutional right to form associations and unions and the entitlement to take part in industrial action.