Industrial Action and Sit Ins - when are they legal?
Without trade union involvement and support there cannot be valid and legal industrial action. Immunity is only granted to a worker involved in organising a strike or industrial action provided there has been a secret ballot of the members of the trade union and strike notice of one week has been given. If the conditions for immunity are not met, an employer can obtain an injunction from the civil Court’s to stop the industrial action.
Even in some cases where the conditions for immunity are met, an injunction can still be sought by an Employer without restriction where the activity amounts to unlawful action ie where the action causes damage to property, relates to unlawful entering or remaining on property or results in or is likely to result in personal injury or death. Recent media attention in relation to the Thomas Cook sit-in, demonstrated the Employer’s right to seek an injunction as sit-ins are considered unlawful given that they involve the entering and remaining on property belonging to the Employer. Another recent case involving a company based in Dublin port resulted in an injunction being granted to the Employer in circumstances where a number of trade union officials and workers were allegedly harassing staff continuing to work in the company and “crossing the picket line”. It is important for all Employees to be mindful of the implications of an illegal picket/sit-in which can result in jail sentences for contempt of Court and financial exposure. Advice should be sought.