On 6 March 2024, the Supreme Court, in judgments handed down by
the Chief Justice, Hogan J and Murray J, has fundamentally changed
the approach which the High Court should take in considering any
application for an interlocutory injunction so as to restrain
picketing and industrial action which is sanctioned or supported by
a trade union. It has done so by emphasising the constitutional
foundation of the right of association and given effect to the
clear meaning of section 19(2) of the Industrial Relations Act
1990.
Background
The facts of the case (HA O'Neil Limited v Unite the
Union and others) are that the company is a mechanical
engineering firm engaged in the construction industry. The union
organises workers in the mechanical engineering industry, including
employees of the company. In February 2023, the union, having
balloted its members employed by the company, wrote to the company
giving notice of the industrial action due to take place 10 days
later.
