H.A. O'Neil Ltd v Unite the Union & ors (Approved) [2024] IESC 8 (06 March 2024)

H.A. O'Neil Ltd v Unite the Union & ors (Approved) [2024] IESC 8 (06 March 2024)

Section 19(2) of the Industrial Relations Act 1990 operates as an absolute bar to the grant of an interlocutory injunction restraining industrial action where a secret ballot has been held in accordance with s.14, the outcome favours industrial action, and proper notice is given, unless the respondent fails to establish a fair case that the action is in contemplation or furtherance of a trade dispute. The existence of a no strike clause in a Sectoral Employment Order does not, without more, disapply s.19 or the statutory immunities. In this case, the preconditions for s.19 were met, and the injunction should not have been granted.

Citation
[2024] IESC 8
Parties
Plaintiff/respondent: H. A. O'Neil Limited; First Defendant/appellant: Unite the Union; Second Defendant/appellant: Patrick James Goold; Third Defendant/appellant: William Mangan; Fourth Defendant/appellant: Damian Jones
Jurisdiction
Ireland
Judgment Date
06 March 2024
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From Interlocutory Injunction
Outcome
Appeal allowed; interlocutory injunction set aside
Legal Topics
Industrial Action, Injunctions, Trade Disputes, Sectoral Employment Orders, Balloting Requirements, Dispute Resolution Procedures
Labour Law Employment Law Civil Procedure Industrial Action Injunctions Trade Disputes Sectoral Employment Orders Balloting Requirements +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 26 Party arguments 2
Sign in to unlock

Parties

H. A. O'Neil Limited

Plaintiff/respondent

Unite the Union

First Defendant/appellant

Patrick James Goold

Second Defendant/appellant

William Mangan

Third Defendant/appellant

Damian Jones

Fourth Defendant/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From Interlocutory Injunction

Legal Issues

  1. 1 Whether an interlocutory injunction restraining industrial action was properly granted in light of the Industrial Relations Act 1990, s.19
  2. 2 Whether the existence of a 'no strike' clause in a Sectoral Employment Order precludes the application of statutory immunities for industrial action
  3. 3 Whether the dispute resolution procedure in the SEO was binding and incorporated into contracts of employment

Ratio Decidendi

Section 19(2) of the Industrial Relations Act 1990 operates as an absolute bar to the grant of an interlocutory injunction restraining industrial action where a secret ballot has been held in accordance with s.14, the outcome favours industrial action, and proper notice is given, unless the respondent fails to establish a fair case that the action is in contemplation or furtherance of a trade dispute. The existence of a no strike clause in a Sectoral Employment Order does not, without more, disapply s.19 or the statutory immunities. In this case, the preconditions for s.19 were met, and the injunction should not have been granted.

Court Disposition

Appeal allowed; interlocutory injunction set aside

Orders

  • The interlocutory injunction granted by the High Court is set aside.
  • No further injunctive relief is available due to the quashing of the SEO.