Murtagh Properties Ltd v Cleary

• Jurisdiction: Ireland
• Judgment Date: 06 March 1972
• Date: 06 March 1972
• Docket Number: [1971. No. 4031 P.]
• Court: High Court

(H.C.)

Murtagh Properties Ltd

and

Cleary

Injunction - Public-house - Objection by trade union to employment of women - Whether prima facie evidence of facts establishing defendant's right to picket plaintiffs' premises - Equality before the law - Right to earn a livelihood - Trade Disputes Act, 1906 (6 Edw. 7, c. 47), ss. 2, 3, 5 - Constitution of Ireland, 1937, Articles 40, 45.

The defendant was the secretary of a trade union which represented bar waiters and others who were employed in public houses. The plaintiffs carried on business as publicans in a public house in Dublin and employed some part-time bar waitresses to serve customers on the public's side of the bar counter in the public house. The trade union objected to the employment of women and contended that such employment was a breach of an agreement between an employers association and the trade union. The defendant authorised members of the union to picket the plaintiffs' public house in furtherance of the dispute and the plaintiffs, having sued the defendant, applied to the High Court for an interlocutory injunction restraining the defendant from authorising the further picketing of the public house pending the hearing of the action. Held, by Kenny J., in granting an interlocutory injunction, 1, that the provisions of Article 40, s. 1, of the Constitution were not applicable in the circumstances. 2. That, although Article 45 of the Constitution prevented the courts from questioning the application of the principles of social policy...