Builder Jones Engineering has dropped a High Court case against trade union Unite and three of its officials arising from a strike two years ago.
HA O’Neill, part of the Jones group, took High Court action against the union and three shop stewards following a dispute over the restoration of travel allowances to building workers that resulted in a one-day strike in March 2023 at two Dublin sites.
The builder claimed it suffered financial damage as a consequence of the industrial action.
Unite said on Monday that Jones has agreed to drop the action.
The union is due in the High Court on Tuesday to confirm settlement of the case against it and its three shop stewards, Patrick James Goold, William Mangan and Damian Jones.
In a statement welcoming the move, Sharon Graham, Unite general secretary argued that Jones should never have taken the case.
“It is totally unacceptable for employers to use extreme legal measures against workers exercising their democratic right to strike,” she said.
Ms Graham added that it would do whatever it took to defend the union’s members and representatives.
Jones’ lawsuit prompted Unite and global trade union federation, Building and Woodworkers International (BWI), to file a complaint against the company and its owner, US-based Cathexis, with the Organisation for Economic Co-operation and Development (OECD).
They alleged the company’s decision to sue shop stewards breached the organisation’s Guidelines for Multinational Enterprises on Ethical Business Conduct.
A ruling on that is expected shortly, according to Unite.
Jones Engineering did not comment on either its decision to end the High Court action or on the OECD complaint.
The case stemmed from a one-day strike by Unite members on March 10th, 2023, at Pfizer in Grange Castle, Dublin, and Intel in Leixlip, Co Kildare.
This followed the failure of talks at the Mechanical Engineering and Building Services Contractors’ Association, Workplace Relations Commission and Labour Court on the restoration of a travel allowance of one hour’s pay to workers.
Unions and contractors agreed to drop the allowance following a financial crash in 2008.
HA O’Neill sought a High Court injunction restraining Unite and the shop stewards from engaging in further industrial action pending a final hearing of the dispute.
The company maintained that the industrial action was unlawful and that there was no valid dispute between it and Unite.
The Supreme Court subsequently ruled that the High Court was wrong to grant the injunction as Unite had followed procedures laid down in the Industrial Relations Act, 1990.
However, HA O’Neill subsequently took a separate High Court action against the union and its officials.
