Unite Ruling: Courts Quietly Abandon Injunctions Against Strikes
Two years after the Supreme Court decision, employers have largely stopped seeking legal blocks on union activities, shifting disputes from the courthouse to the picket line.
By Priya Marino ·
The Supreme Court’s ruling in the Unite case against HA O’Neill two years ago has fundamentally altered how labor disputes are handled in Ireland. The decision has effectively ended a common legal tactic used by employers to halt strike action, moving the battleground from the courts to the picket line.
Solicitor Cathy Maguire SC noted that employers have largely abandoned applications for injunctions since the judgment was delivered. Previously, employers routinely sought court orders to thwart strikes, but the high court’s definitive interpretation of the law has corrected what Maguire described as the almost universal approach to these cases. The shift means that disputes are now resolved through direct action rather than legal proceedings.
Former Labour Court chair Kevin Duffy argued at an Irish Congress of Trade Unions event that the ruling strengthens the constitutional right to form unions. He pointed to Chief Justice Donal O’Donnell’s observation that the right to form unions would be of little benefit if union activities were regarded as presumptively unlawful. Duffy suggested this interpretation undermines the government’s claim that constitutional issues prevent legislation requiring employers to engage in collective bargaining. He characterized the issue as one of political will rather than legal impossibility.
The ruling also opened the door for a recognized right to strike. Judge Brian Murray wrote in his judgment that the constitutional right of freedom of association may encompass a zone of freedom for unions to organize and campaign. He stated that it is arguably implicit in Article 40.6.1 iii of the Constitution that the right to form trade unions implies at least some, perhaps as yet undefined, zone of freedom for those unions to organize and campaign. Maguire clarified that this did not formally recognize a right to strike, but Murray raised the question that it may in the future be held to encompass such a right.
The practical effect of the Unite decision is a quieter legal landscape for labor disputes. Employers have concluded they are less likely to secure injunctions, leading to a near absence of such cases in the two years since the ruling. Maguire stated that the court’s intention for these matters to be played out on the picket line has been fulfilled.
The legal framework remains unchanged, but its interpretation has shifted to prioritize the protection of unions and their members. The Supreme Court’s judgment corrected the prior application of existing legislation, ensuring that sections of the Acts are read to give effect to the protections they were intended to provide. This has resulted in a stable environment for collective bargaining and strike activity, with fewer legal interruptions from employers.
