After receiving assurances from the Taoiseach, Mr Ahern, SIPTU has "postponed" its industrial action at Dublin Airport scheduled for tomorrow and three further dates in April, the High Court was told yesterday.
SIPTU had organised the action in response to what it described as the "lack of meaningful progress" in separate talks with the Department of Transport on the future of CIÉ and Aer Rianta.
However, after the SIPTU president, Mr Jack O'Connor, received a letter from the Taoiseach on Monday and further "assurances" from Mr Ahern that night, Mr Richard Kean SC, for the union, told Mr Justice Kelly that the industrial action for March 18th, April 2nd, 20th and 26th had been averted.
Ryanair had brought legal proceedings against SIPTU aimed at preventing the industrial action. It was refused an interim order to that effect against the union by the High Court last Friday, but the court permitted it to serve short notice of the proceedings on SIPTU and returned the injunction application to yesterday.
When the matter came before Mr Justice Kelly yesterday morning, Mr Kean said he was pleased to tell the court that, in light of "very specific and clear" assurances received from the Taoiseach on Monday night, SIPTU was postponing its industrial action at Dublin Airport scheduled from 7.30 a.m. to 1.30 p.m. on March 18th. Industrial action scheduled for April 2nd, 20th and 26th would also not proceed based on assurances from the Taoiseach and reflected in correspondence from Mr Ahern of March 15th.
Mr Brian O'Moore SC, for Ryanair, said it was content that SIPTU had "seen sense" and had postponed its "potentially ruinous series of shutdowns".
However, Ryanair was concerned that it, a private party, had had to take proceedings in what was "a nakedly political dispute" in order to keep the airport open.
Mr Kean said Mr O'Moore was making a speech. Ryanair was not the employer and was not a party to this dispute, and he did not want to engage in a slanging match regarding the politics of the matter.
Mr O'Moore said he was not making a speech but was concerned that a private body had had to intervene to ensure the airport stayed open. He was concerned that the court had not been told that the dispute was finally resolved and he wanted an opportunity to take instructions as to whether his client wanted to proceed with an expedited hearing of its full proceedings against SIPTU.
Mr Kean said he didn't object to Mr O'Moore taking instructions but believed Ryanair had no sustainable legal cause of action against SIPTU.
Mr Justice Kelly said Ryanair had applied to the court on Friday for an interim order to prevent SIPTU taking action. The judge said he had refused the interim injunction application and directed short service of the proceedings on the union and returned the matter to yesterday.
He was now told it was not necessary for the application to proceed, given that SIPTU had postponed its actions on foot of assurances from the Taoiseach.
Ryanair said that removed the immediate cause of its difficulties but did not resolve all the problems. It wanted an opportunity to take instructions on whether to proceed with an expedited action against SIPTU. The union maintained that Ryanair had no cause of action.
The judge returned the matter to March 25th to allow both sides take instructions. If SIPTU wished to bring a motion to have the proceedings struck out on the basis that they demonstrated no cause of action, it could bring such a motion for March 23rd.
