One Out, All Out

Given the recent well-publicised escalation of industrial action by public sector unions, Jennifer Clarke takes a timely look at the law governing industrial action in this country. If an employer's premises has been picketed, it may apply for an interim injunction on an 'ex parte' basis. 'Ex parte' means that only one party is present in Court - in this case, the employer.

If an interim injunction is granted, it will be for a very short period, following which a hearing will take place at which both sides will be entitled to put forward their case. The court will then decide whether to grant an interlocutory injunction. This is an injunction pending a full hearing of the matter.

In industrial relations disputes, full hearings rarely occur as a settlement will usually be reached between the parties with the assistance of the Labour Relations Commission or the Labour Court. The Industrial Relations Act 1990 sets out the relevant provisions in relation to trade disputes. The following are its main provisions.

Picketing

Picketing is lawful if it is carried out:

In contemplation or furtherance of a trade dispute, For the purpose of peacefully obtaining or communicating information, or For the purpose of peacefully persuading any person to abstain from...