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)

There was no proper basis for granting an interlocutory injunction restraining industrial action, as s. 19(2) of the Industrial Relations Act 1990 applied and statutory requirements for lawful industrial action were met; the invalidity of the Sectoral Employment Order removed any continuing basis for the injunction.

Citation
[2024] IESC 8
Parties
Plaintiff/respondent: H. A. O'Neil Limited; Defendant/appellant: Unite the Union; Defendant/appellant: Patrick James Goold; Defendant/appellant: William Mangan; Defendant/appellant: Damian Jones
Jurisdiction
Ireland
Judgment Date
06 March 2024
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal allowed
Legal Topics
Industrial Action, Injunctions, Trade Union Rights, Sectoral Employment Orders, Statutory Interpretation
Employment Law Industrial Relations Constitutional Law Industrial Action Injunctions Trade Union Rights Sectoral Employment Orders Statutory Interpretation

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 6 Party arguments 2
Sign in to unlock

Parties

H. A. O'Neil Limited

Plaintiff/respondent

Unite the Union

Defendant/appellant

Patrick James Goold

Defendant/appellant

William Mangan

Defendant/appellant

Damian Jones

Defendant/appellant

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether interlocutory injunction restraining industrial action was properly granted under s. 19(2) of the Industrial Relations Act 1990
  2. 2 Effect of invalid Sectoral Employment Order on lawfulness of industrial action
  3. 3 Interpretation of statutory protections for trade unions and employees engaging in industrial action

Ratio Decidendi

There was no proper basis for granting an interlocutory injunction restraining industrial action, as s. 19(2) of the Industrial Relations Act 1990 applied and statutory requirements for lawful industrial action were met; the invalidity of the Sectoral Employment Order removed any continuing basis for the injunction.

Court Disposition

Appeal allowed

Orders

  • Interlocutory injunction set aside