The Industrial Relations (Northern Ireland) Order 1992

Restrictions on powers of court

Court not to compel employee to work

24.  No court shall, whether by way of—

(a) an order for specific performance of a contract of employment; or

(b) an injunction restraining a breach or threatened breach of such a contract,

compel an employee to do any work or attend at any place for the doing of any work.

Restrictions on grant of injunctions by court

25.—(1) Where an application for an injunction is made to a court in the absence of the party against whom the injunction is sought or any representative of his, and that party claims, or in the opinion of the court would be likely to claim, that he acted in contemplation or furtherance of a trade dispute, the court shall not grant the injunction unless satisfied that all steps which in the circumstances were reasonable have been taken with a view to securing that notice of the application and an opportunity of being heard with respect to the application have been given to that party.

(2) Where an application is made to a court, pending the trial of an action, for an interlocutory injunction and the party against whom the injunction is sought claims that he acted in contemplation or furtherance of a trade dispute, the court shall, in exercising its discretion whether or not to grant the injunction, have regard to the likelihood of that party’s succeeding at the trial of the action in establishing the matter or matters which would, under any provision ofArticle 15 or 16 afford a defence to the action.