Which criteria might a judge take into account in deciding whether to grant an interim injunction ag...........

Industrial Relation and labour law Trade Unions

Which criteria might a judge take into account in deciding whether to grant an interim injunction against a trade union from taking industrial action?

Whether there is a serious question to be tried and where the balance of convenience lies.

Whether the trade union puts up a good case.

Whether the issue is serious enough.

How well supported the industrial action is.

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Explanation:

Before granting an interim injunction, a judge will have to consider whether there is there a serious question to be tried; where the balance of convenience lies; and, where the party against whom the injunction is sought claims that the action was in contemplation of furtherance of a trade dispute, is there a likelihood of the defendant establishing a defence to the action. In exercising its discretion a court will need to take into account the possibility of a defendant succeeding in establishing a trade dispute defence. Page reference.