Remedies

Abstract

Industrial action invariably involves a breach of the contracts of employment of those taking part. It may also involve the commission of one or more of the torts described in Chapter 14. Suing the strikers themselves for breach of contract, though theoretically possible, is normally a fruitless exercise since strikers are unlikely to be in a position to compensate by way of damages for any loss suffered; and s.16 of TULRA forbids courts to order strikers back to work. Those adversely affected are therefore more likely to sue the organisers in tort. If the union itself organised the action a claim for damages may be worth pursuing, while injunctions against the organisers often defeat industrial action just as effectively as would injunctions against the strikers themselves. Thus if the organisers stray outside the limits of the immunities from tort action described in Chapter 15, they may be vulnerable to injunctions or claims for damages.