The trade union representing workers who staged a sit-in at a Thomas Cook travel agents shop has been ordered to pay some of the legal costs over a High Court order to leave the premises.
However, Mr Justice Michael Peart said he would make no order for costs against two councillors and a political activist who, with around 21 former employees, defied the order to leave.
The case arose from a five-day sit-in after Thomas Cook announced at the end of July it was closing two outlets, including its premises at Grafton Street, Dublin.
Workers at that branch began a sit-in over the terms of the redundancy package offered. That ended with gardai arresting around 20 people and taking them before the High Court for contempt of an order directing them to leave the premises. They purged their contempt and were released.
Thomas Cook later sought its legal costs over the proceedings but lawyers for the workers' union, the Transport Salaried Staff's Association (TSSA), argued it had no liability as it did its best to end the sit-in.
Lawyers for two councillors and a political activist, who joined the protest and also defied the court order, argued they should also not be liable because they were there in their capacities as public representatives. The councillors were Richard Boyd Barrett of People Before Profit (PBP) and Matthew Waine of the Socialist Party and the political activist was the People Before Profit's Sarah O'Rourke.
Mr Justice Peart said one could adopt a cynical view the three wanted to "jump on the bandwagon of publicity" over the sit-in in order to increase their chances of election or re-election.
While he did not favour such a view, he also did not accept the "benign view" they were there to assist as public representatives. There was no legitimate role of a public representative which permitted deliberate breach of a court order or the condoning of a breach but, given the three had not added to the costs of the case, he would make no order against them.
He noted Thomas Cook had not sought costs against other named employees and individuals removed from the premises and said he saw no reason why the public representatives ought to be treated differently.
The judge ordered the costs of the proceedings and motions brought by Thomas Cook should be paid by TSSA and its general secretary Gerry Doherty up to August 3rd when, he found, Mr Doherty did what he could to end the sit-in. Neither Mr Doherty
nor the union should bear costs of court applications which went beyond August 3rd, the judge said.
The judge also noted a number of TSSA personnel who were persons who disobeyed the union instruction to end the sit-in may face disciplinary action by the union.