where an interlocutory injunction is sought in the context of a trade dispute Flashcards
Common Law
Bayzana v Galligan 1987 IR
Act
Industrial Relations Act 1990
s19(2)
establish a fair case that they were acting in furtherance of a trade dispute
Onus lies on the party resisting the injunction
Nolan Transport v Halligan 1993 IEHC
Nolan Transport v Halligan 1993 IEHC
Onus lies on the party resisting the injunction
Non compliance with secret ballot
Mallincross Ltd v BATU 2002 IR
Daru Blocklaying v BATU 2003 IRLM
Preconditions of industrial action fulfilled
Dublin City Council v TEEU 2010 IEHC
Dublin City Council v TEEU 2010 IEHC
Preconditions of industrial action fulfilled
Recent non compliance with s.14
DAA Plc v SIPTU 2014 IEHC
UCC v SIPTU 2015 IEHC
Proper ballot conducted - small injunction for illegal picketing
P Elliot & Co LTD v BATU 2006 IEHC
These decisions illustrate…..
…. the importance of full compliance with secret ballot requirements if the provisions of s.19 are to be relied upon by defendants who intend to engage in industrial action