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 applies to both contractual and tortious claims and precludes the grant of an interlocutory injunction restraining industrial action where the statutory requirements of ballot and notice are met and there is a fair case that the action is in contemplation or furtherance of a trade dispute, regardless of any breach of contract or agreed procedures. The existence of a 'no strike' clause or failure to exhaust dispute resolution procedures does not remove the statutory protection. The High Court injunction was wrongly granted and must be set aside.

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 From Interlocutory Injunction in High Court / Supreme Court Judgment on Appeal
Outcome
Appeal allowed; interlocutory injunction set aside
Legal Topics
Interlocutory Injunctions, Industrial Action, Trade Disputes, Statutory Interpretation, Balloting Requirements, Sectoral Employment Orders, Immunities of Trade Unions
Labour Law Constitutional Law Contract Law Interlocutory Injunctions Industrial Action Trade Disputes Statutory Interpretation Balloting Requirements +2 more

Case Brief

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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 From Interlocutory Injunction in High Court / Supreme Court Judgment on Appeal

Legal Issues

  1. 1 Whether s. 19(2) of the Industrial Relations Act 1990 precludes the grant of an interlocutory injunction restraining industrial action where a secret ballot and notice have been given, even if the industrial action is in breach of contract or agreed dispute resolution procedures.
  2. 2 Whether a breach of a 'no strike' clause or failure to exhaust dispute resolution procedures removes the protection of s. 19(2).
  3. 3 Whether s. 19(2) applies to actions in contract as well as tort.

Ratio Decidendi

Section 19(2) of the Industrial Relations Act 1990 applies to both contractual and tortious claims and precludes the grant of an interlocutory injunction restraining industrial action where the statutory requirements of ballot and notice are met and there is a fair case that the action is in contemplation or furtherance of a trade dispute, regardless of any breach of contract or agreed procedures. The existence of a 'no strike' clause or failure to exhaust dispute resolution procedures does not remove the statutory protection. The High Court injunction was wrongly granted and must be set aside.

Court Disposition

Appeal allowed; interlocutory injunction set aside

Orders

  • The interlocutory injunction granted by the High Court is set aside.
  • No injunction restraining the proposed industrial action shall issue.