High Court allows firm to serve proceedings against union to stop proposed strike at Aughinish Alumina refinery

A company that provides engineering services to the Aughinish Alumina refinery in Co Limerick has brought High Court proceedings aimed at preventing proposed industrial action due to take place at the plant next week from going ahead.

The action has been brought by Murphy International Ltd (MIL) against the trade union Unite in respect of a proposed strike over worker's pay and allowances which is due to take place next Friday.

The court heard that 126 of the approximately 1,100 people working at the Aughinish refinery are employees of MIL, as civil and mechanical operatives in the plant's production operations.

The Newbridge, Co Kildare-based MIL, which is a subsidiary of J Murphy & Sons Ltd, claims the plant may have to cease operations if the proposed strike proceeds.

Represented in court by Mark Connaughton SC, with Eoghan Cole Bl, MIL claims it was notified earlier this month by Unite which represents some of its employees at Aughinish that it intends to take industrial action.

Counsel said that the proposed action comprises of a strike, picketing, and the withdrawal of labour at the Aughinish site and said that it is MIL's position that the strike is not a valid trade dispute, as set out in the 1990 Industrial Relations Act.

Counsel said his client also has concerns about the validity of the secret ballot of its workers which was conducted by Unite in September.

Counsel added if the strike goes ahead as planned the refinery may have to cease operations, which would have serious consequences for MIL, its workers and all those involved in the operation of the Aughinish refinery.

At the High Court today, Ms Justice Leonie Reynolds granted Murphy International Ltd (MIL) permission to serve short notice of proceedings against the trade union.

MIL in its action seeks various orders including an injunction preventing the union from organising, supporting, participating in or sanctioning any industrial action including strikes or work stoppages at the Aughinish refinery.

It also seeks various declarations including that a notice of industrial action issued by the union earlier this month is null and void due to the union's failure to conduct a full and proper secret ballot.

Permission was granted on an ex-parte basis, and the case will come back before the court next week.