TESCO IRELAND has secured a continuing High Court injunction against Sinn Féin TD Dessie Ellis and several members of the trade union Siptu over a picket outside one of its depots.
In court yesterday, Mr Ellis described Tesco’s action as “an attack on democracy by a big company”.
The picket arises from a dispute involving Siptu and Stobart Ireland Driver Services Ltd, which is contracted by Tesco to distribute products stored by Tesco at depots in Ballymun and Donabate in Dublin.
Tesco Ireland said it is not involved in any dispute with Siptu. A blockade of its Ballymun depot had started on Thursday evening in relation to a dispute involving Stobart, which it claimed seriously interfered with its business.
Tesco claimed the atmosphere outside the Ballymun depot became so “menacing” that gardaí said they were considering using batons on the picketers.
Late on Thursday night, Mr Justice Gerard Hogan granted Tesco Ireland Ltd an interim injunction against Mr Ellis and four others whom, the court heard, were members of Siptu.
The judge made interim orders restraining the defendants and others from picketing the warehouses at Ballymun and Donabate, except for seven persons at any given time, who could attend solely for the purpose of a peaceful protest and in accordance with the Industrial Relations Act.
When the matter was returned before Mr Justice Hogan yesterday, he adjourned it to next month after being informed by Roddy Horan SC, for Tesco, that “peace had broken out”.
After the Garda informed the protesters of the High Court injunction the pickets had dispersed, but his clients wanted the injunctions continued until the matter can be fully heard, counsel said.
In seeking the continuing injunctions, Tesco claimed the defendants had engaged in illegal activity including trespass and unlawful obstruction at the entrance of the warehouse, used to store fresh fruit, vegetables and frozen goods.
In an affidavit, Tesco’s head of employee relations, Frank Timmins, said the presence of 60 to 80 protesters was “extremely intimidating indeed”.
He said as the crowd grew “the atmosphere became extremely menacing” and gardaí informed a Tesco executive they were “considering using batons on the picketers”.
Mr Ellis, who represented himself at yesterday’s hearing, said it was “baffling” he had been summonsed to court and made a party to this action.
He said Tesco’s action was “an attack on democracy by a big company” and against his rights as a public representative.
As the protest happened in his constituency, he had gone to the depot on Thursday and spoken to people “to find out what was going on”.
He was there for between 30 and 45 minutes and had not taken part in the picket, he said.
He was critical of the “tactics” used by Tesco and Stobart and said he took exception to “a man in a balaclava” going around with a camera taking photographs of people outside the depot. If he, Dessie Ellis, was to go around in a balaclava, he would soon find himself before the courts, he added.
Mr Ellis said he intends to bring a motion to be removed from the proceedings.