Iarnrod Eireann v. Holbrooke [2001] IESC 7 (25 January 2001)

Iarnrod Eireann v. Holbrooke [2001] IESC 7 (25 January 2001)

ILDA does not qualify as an excepted body under the Trade Union Act, 1941 as amended, because it does not carry on negotiations for the fixing of wages or other conditions of employment of its own members with the employer, as the employer refuses to negotiate. Therefore, ILDA cannot lawfully conduct negotiations, and Iarnrod Eireann is not required to negotiate with it.

Citation
[2001] IESC 7
Parties
Plaintiff/respondent: Iarnrod Eireann-Irish Rail; Defendant/appellant: Christopher Holbrooke; Defendant/appellant: John Courtney; Defendant/appellant: Brendan Ogle; Defendant/appellant: Gerard Hughes; Defendant/appellant: Brian Dunphy; Defendant/appellant: Anthony Collier; Defendant/appellant: Kevin Connolly; Defendant/appellant: Kevin Fox; Defendant/appellant: David Healy; Defendant/appellant: Henry Masterson; Defendant/appellant: Hugh McCarthy; Defendant/appellant: Irish Locomotive Drivers' Association (ILDA)
Jurisdiction
Ireland
Judgment Date
25 January 2001
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
appeal dismissed
Legal Topics
Trade Union Recognition, Negotiation Licence, Excepted Body, Collective Bargaining, Statutory Construction
Labour Law Statutory Interpretation Trade Union Recognition Negotiation Licence Excepted Body Collective Bargaining Statutory Construction

Case Brief

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Parties

Iarnrod Eireann-Irish Rail

Plaintiff/respondent

Christopher Holbrooke

Defendant/appellant

John Courtney

Defendant/appellant

Brendan Ogle

Defendant/appellant

Gerard Hughes

Defendant/appellant

Brian Dunphy

Defendant/appellant

Anthony Collier

Defendant/appellant

Kevin Connolly

Defendant/appellant

Kevin Fox

Defendant/appellant

David Healy

Defendant/appellant

Henry Masterson

Defendant/appellant

Hugh McCarthy

Defendant/appellant

Irish Locomotive Drivers' Association (ILDA)

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether ILDA qualifies as an 'excepted body' under section 6 of the Trade Union Act, 1941 as amended by section 2 of the Trade Union Act, 1942
  2. 2 Whether Iarnrod Eireann is legally required to negotiate with ILDA under the Railways Act 1924

Ratio Decidendi

ILDA does not qualify as an excepted body under the Trade Union Act, 1941 as amended, because it does not carry on negotiations for the fixing of wages or other conditions of employment of its own members with the employer, as the employer refuses to negotiate. Therefore, ILDA cannot lawfully conduct negotiations, and Iarnrod Eireann is not required to negotiate with it.

Court Disposition

appeal dismissed

Orders

  • Declaration varied to state that the defendants are not an excepted body for the purposes of section 6 of the Trade Union Act, 1941 as amended by section 2 of the Trade Union Act, 1942.