Picket at building site restrained

The High Court has granted injunctions restraining pickets and trespass on a site at Cabinteely, Co Dublin, where a €5

The High Court has granted injunctions restraining pickets and trespass on a site at Cabinteely, Co Dublin, where a €5.7 million apartment complex is being developed.

The Building and Allied Trade Union (BATU) yesterday denied that any of its members had engaged in industrial action or picketed the site.

While some of its members had issues with William Neville and Sons Construction Ltd, the developer of the complex at Cabinteely, regarding health and safety and other matters, it said, none had engaged in industrial action on the site and had not placed pickets on it.

BATU said pickets were placed by some members of SIPTU as part of a dispute over travelling allowances.

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On the application of Mr Brian O'Moore SC, for Nevilles, Mr Justice Kelly granted an interlocutory injunction restraining BATU and seven named members from picketing or interfering with Neville's commercial site at Tullyvale, Druids Valley, Cabinteely. He listed the case for mention again on October 7th.

Interim orders had been granted against BATU and a number of individuals on July 11th.

Mr Anthony Kerr, for the defendants, said his clients were not picketing the site and wanted to get back to work as soon as possible.

Mr Justice Kelly said there was nothing in the earlier injunctions which prevented the employees going on site if the employers wished to employ them.

Mr O'Moore said pickets had been mounted by the defendants on July 11th preventing material being delivered to the site, and one entrance was blocked. Such actions were unlawful, and the union had acknowledged there was no trade dispute.

In an affidavit Mr Neville Farrrelly, the BATU regional organiser, said none of the members of the union had engaged in a strike or any other form of industrial action. He had met members of the union on July 7th who informed him they had concerns over a number of issues with Nevilles, including health and safety issues, the question of cutting "standing time" payments and extra damp-course work.

Mr Farrelly said he had been informed by a BATU member that a picket was placed on the site on July 9th by general operatives who were SIPTU members in a dispute over travelling allowances. That had nothing to do with BATU.