COURT CASE:MORE THAN 20 Thomas Cook employees arrested by gardaí after refusing to obey a court order compelling them to vacate the firm's offices in Dublin have been released after purging their contempt.
Yesterday, at the High Court Mr Justice Michael Peart ordered that the group of workers, along with officials of their union, the Transport Salaried Staff’s Association (TSSA) ,and three supporters – Cllr Richard Boyd Barrett, Cllr Matthew Waine of the Socialist Party and Sara O’Rourke, a volunteer in the People before Profit organisation – be released from custody.
The judge said that while the breach of the order was unlawful, given the undertakings the court received he decided it was not necessary to commit anyone to prison or to impose a fine. The group, involved in a sit-in since last Friday, had been detained by gardaí on foot of a court order at Thomas Cook’s Grafton Street office at 5am yesterday.
Counsel for the TSSA and the workers John Nolan said that his clients were prepared to purge their contempt by giving undertakings not to interfere with access to the premises, not to trespass and to vacate the premises. They also undertook not to repeat any act in disobedience of the order made by the judge.
Mr Nolan also stated that officials of the TSSA who had remained in the office after being told to leave by their union would be subject to internal disciplinary proceedings.
Previously, Mr Nolan said that he and Gavan Carty of Kent Carty solicitors wanted to come off record after the workers ignored their advice and opted not to comply with the court order.
However, in light of the workers’ decision to purge their contempt, counsel said the conflict of interest had been rectified and that they were happy to represent the workers.
John McCoy, for Mr Boyd-Barrett, Mr Waine and Ms O’Rourke, said his clients were prepared to give similar undertakings.
Counsel said his clients were in the premises to ensure that the matter could be resolved peacefully.
Mark Connaughton SC, for Thomas Cook, said the company was prepared to talk with the workers, and that his client had communicated with the TSSA to discuss the situation.
At the weekend Mr Justice Peart had granted Thomas Cook an injunction compelling the workers to vacate the premises.
The workers staged a sit-in as part of their efforts to secure an improved package following the decision to close the stores. The company offered five weeks for each year of service. However, the workers are seeking eight.
On Monday night the court was informed that the workers would not comply with the order, despite having received strong advice from the TSSA and their legal advisers to do so.
The judge then directed the Garda to have those found on the premises after 7pm on Monday brought before the courts to answer their contempt.
In his ruling the judge said the reason the group was before the court had nothing to do with their dispute with the company.
He said it was because of their failure to comply with an order of the court to cease the unlawful occupation of the premises at Grafton Street.
Acknowledging that the workers had felt badly treated by their employers, he said that in a democratic society the rule of law “cannot be broken” or else there would be “anarchy”. However, the judge said he was satisfied that the undertakings given by all parties were sufficient to purge their contempt.
He did not commit anyone to prison or impose a fine. The judge said he did not want to add to the distress of the workers and their families.
After being informed by Mr Nolan that one of the workers involved in the sit-in, Arvil Boyne, had given birth to a baby girl, who is to be named Chelsea, the judge said: “I would not be human if I did not pass on my congratulations.”
Mr Justice Peart’s comments were followed by a loud round of applause and cheers.
The judge also adjourned the case to October when the issue of costs will be dealt with.