Update - Strike Action

As advised in Newsletter No.22, the hearing on the Fire Service’s Interim Injunction application was heard yesterday.

The Judge, by Oral Judgment, continued the Interim Injunction issued on 6 August, which restrains the Union and its members from continuing to participate in the allegedly unlawful strike action relating to the notice issued on 22 July 2009, and which commenced at 8am on 6 August 2009.
 
The Interim Injunction therefore only applies to the notice for the week 6 August – 0800 hours 13 August 2009.
 
The separate notices commencing 0800 hours on 13 August and 0800 hours on 20 August at this time therefore stand.
 
The Judge advised that as soon as practicable he will issue a Judgment giving full reasons for having come to his conclusion that the Interim Injunction in its present form must continue.
 
The Union will need to consider that Judgment and the Judge’s reasoning before determining how the future notices will be affected.
 
To obtain an Interim Injunction essentially two tests are considered:
  • Is there an arguable case?
  • If so, where does the balance of convenience lie?
These are not difficult thresholds to reach as almost everything can be considered arguable.
 
Members will be updated as soon as possible after receipt and analysis of the full Judgment.
 

Operational Skills Maintenance

Due to widespread confusion and concern regarding the implementation of O.S.M., the Union has written to the Fire Service advising that the Union will advise members not to have any involvement with O.S.M. at least until the confusion and concerns are properly addressed.
 
The Union has appointed Mike Powell to be its representative on the O.S.M Steering Group. However, this Group has not yet met again since that appointment.
 
Therefore, until and unless the Union’s concerns are properly addressed, members are advised not to have any involvement with O.S.M.

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