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Passenger looks at flight board Photocall Ireland

High Court halts airport strikes by granting injunction to DAA

Dublin Airport Authority welcomed the decision today which directs SIPTU to withdraw its planned industrial action at Dublin and Cork airports this Friday.

Updated 17.15pm

THE HIGH COURT has granted an injunction to the Dublin Airport Authority to halt the planned closure of Ireland’s airports this Friday.

Unions at Dublin, Cork and Shannon airports planned to go strike for four hours at the beginning of the St Patrick’s Day bank holiday weekend in a row over a €700 million gaping hole in the workers’ pension fund.

Unlawful

Dublin Airport Authority (DAA) went to court last Friday to seek the injunction to stop the unions from going on strike, claiming that the industrial action is unlawful. Ryanair also took the same step.

Dublin Airport Authority welcomed the decision by the High Court today which directs SIPTU to withdraw its planned industrial action at Dublin and Cork airports this Friday.

SIPTU confirmed the the injunction would mean the suspension of their planned strike action.

In response to the decision of the High Court, SIPTU Pensions Advisor, Dermot O’Loughlin said:

We will be complying fully with the orders of the High Court. However, this does not resolve the pensions dispute.

Accordingly, we will be consulting with our legal advisors with a view to developing a strategy to enable us to exercise our right to withdraw labour and take industrial action in the absence of a fair resolution of the pensions issue within a reasonable time.

Reacting to today’s judgement, DAA said:

Given the unwarranted nature of SIPTU’s planned action and the significant disruption that it has already caused to airline customers, passengers and DAA’s own business, DAA had no option but to apply to the Court for injunctive relief, to try to ensure that both Dublin and Cork airports operate as normal on March 14.

DAA apologised to its customers and stakeholders for the inconvenience and stress that the “unnecessary threat of industrial action has caused”.

DAA called on SIPTU to fully focus on engaging with the Government-sponsored Expert Panel, which was established last week which they said is seeking to reach a “fair and sustainable resolution to broader pension issue”.

The trade union Mandate withdrew its notice of strike action stating that they would be meeting with the expert panel this Friday and will await the outcome talks.

Sean Brogan, the Interim Chief Executive of Aer Arann also welcomed the court’s decision, stating that it “provides certainty to passengers and staff of the airline, and ensures that all scheduled flights will operate as normal this weekend”.

Speaking today, Minister for Transport Leo Varadkar said he too welcomes the High Court ruling which he said should allow the State airports to operate normal services this Friday.

“I have said on a number of occasions that the strike should have been deferred given that the Expert Panel is currently engaging with all parties involved in the dispute,” he concluded.

Originally published 4pm

Read: Mandate union withdraws from strike action at DAA>

Read: DAA and Ryanair launch court action to stop strike at Irish airports>

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93 Comments
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    Mute Jaymie
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    Mar 12th 2014, 4:19 PM

    Great I’ve no sympathy for them leaches trying to hijack one of the busiest weekends in the airport for their own benefit

    187
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    Mute Raymond Darling
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    Mar 12th 2014, 4:39 PM

    Nothing to do with leaching. That’s the problem with the working class they trod on there own to drink the cream.

    It was to do with failures of management who continue to extract money from workers in a glorified pyramid scheme

    94
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    Mute James O'Shea
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    Mar 12th 2014, 4:18 PM

    Common sense prevails

    144
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    Mute Brian Keelty
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    Mar 12th 2014, 4:28 PM

    Now they really need to strike. .. and tell the courts to f c u k off

    137
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    Mute Richard Rodgers
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    Mar 12th 2014, 4:38 PM

    James
    You will find that the High Court deals with the law rather than common sense as you put it.

    63
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    Mute Owen Lynch
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    Mar 12th 2014, 4:40 PM

    SIPTU has never used common sense just put the bull beaters to the fore

    86
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    Mute Brendan McLoughlin
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    Mar 12th 2014, 4:43 PM

    2 fingers to SIPTU idiots. Striking went out in the 80′s.

    104
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    Mute Tony Canning
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    Mar 12th 2014, 4:47 PM

    Quite simply this is most likely unconstitutional. I don’t think they should ever have planned it for such a weekend but I don’t believe the courts are right in granting this injunction.

    89
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    Mute Dane Tyghe
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    Mar 12th 2014, 4:51 PM

    I don’t believe you are right Tony Canning

    44
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    Mute Tony Canning
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    Mar 12th 2014, 7:12 PM

    So prove my opinion wrong.

    14
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    Mute Padriag O'Traged
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    Mar 12th 2014, 10:09 PM

    What is your opinion based on? Legal knowledge? Expertise In constitutional law? Employment law? Or just “not liking it”?

    The high court would be the de facto authority on such matters, so I reckon it’s up to you to back up your claim. Or just shut up.

    6
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    Mute eamonn hughes
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    Mar 14th 2014, 4:34 AM

    Right around Maggies time, how convenient you would say that

    1
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    Mute eamonn hughes
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    Mar 14th 2014, 4:37 AM

    Jezz Stalin, don’t show trial him.

    1
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    Mute padser123
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    Mar 12th 2014, 4:19 PM

    I sense a ‘Blu-Flu’ coming on!

    111
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    Mute padser123
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    Mar 12th 2014, 4:23 PM

    Actually could read……Blu – ‘Flew’!

    96
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    Mute Begrudgy
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    Mar 12th 2014, 4:30 PM

    Were the workers pensions linked to the Markets and were the workers aware of this ?
    If yes then tough s**t. Many private pensions got wiped out or are now worth very little. Must of been made aware that value could go up or down.

    If no, then who stole the money ?

    111
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    Mute Ben Gunn
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    Mar 12th 2014, 4:40 PM

    These are defined benefit schemes. Your point is only valid in respect of defined contribution schemes.

    61
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    Mute Begrudgy
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    Mar 12th 2014, 4:48 PM

    What were the workers promised on retirement and were the employees contributing anything?

    14
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    Mute Reg
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    Mar 12th 2014, 4:56 PM

    Ben, pension funds whether defined or contributory get invested in markets. The problem is the DB pensions are little more than pyramid schemes and should be outlawed. The funny thing is SIPTU’s own pension fund is in serious trouble, pity they don’t go on strike!

    48
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    Mute Philip
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    Mar 12th 2014, 5:10 PM

    Not true begrudery aib had their private pension deficit filled by the taxpayer

    22
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    Mute Ben Gunn
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    Mar 12th 2014, 5:13 PM

    A percentage of their salary in respect of each year worked payable an agreed age. The vast majority of pension schemes are contributory.

    13
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    Mute Tinker Taylor
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    Mar 12th 2014, 6:41 PM

    Philip, you are 100% correct and it is an absolute disgrace. Shower of B*5^$£$tards

    10
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    Mute Paul Brierley
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    Mar 12th 2014, 8:27 PM

    I contributed nearly 7% of my wage for 28 years to fund my defined benefit pension for my retirement!

    8
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    Mute Padriag O'Traged
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    Mar 12th 2014, 10:23 PM

    Ben DB pensions utterly rely on investment on open market to function as contributions never come close to covering the payouts. Many DB funds are struggling because of the failure of these investments; large funds have been able to cover current pension payments with the incoming contributions as a short term fix, but smaller pots are banjaxed.

    Someone said earlier that pensions were pyramid schemes; not far off
    really

    1
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    Mute Coddler O Toole
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    Mar 12th 2014, 4:25 PM

    Time for all the Unions to stand up now and grind the country to a halt. If you continue to lie down, they will continue to walk all over you.

    99
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    Mute Jeremy Usbourne
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    Mar 12th 2014, 4:31 PM

    I agree Coddler.

    A general strike would crush the trade union movement once & for all.

    85
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    Mute Coddler O Toole
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    Mar 12th 2014, 4:42 PM

    Bring it on Jeremy. The government would last less than a week after the light go off.

    35
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    Mute Richard Rodgers
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    Mar 12th 2014, 4:46 PM

    Coddler
    You seem to be so respectful of the law and you want a political career as well. What a foolish and silly man.

    35
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    Mute Ben Gunn
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    Mar 12th 2014, 5:16 PM

    And who do you think that this would inconvenience the most?

    8
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    Mute Padriag O'Traged
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    Mar 12th 2014, 10:15 PM

    You’re all mouth and trousers Conor. It’s easy to make billy big bollox statements about bringing down the government on comments pages isn’t it? You taking a day off work to picket the airport in support of your comrades? Pillock.

    3
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    Mute Frances Faller
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    Mar 12th 2014, 4:18 PM

    The strikers should go ahead with the strike until they get their demands.What does the court know about poor people.

    78
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    Mute Jeremy Usbourne
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    Mar 12th 2014, 4:32 PM

    What does a state company union know about poor people?

    88
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    Mute eamonn hughes
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    Mar 12th 2014, 4:42 PM

    nothing and everything, counting on the person’s background in the union he might know alot and if not will be able empathise with them anywho and learn from it.

    5
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    Mute Ben Gunn
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    Mar 12th 2014, 4:43 PM

    Can the Union and it’s members afford the consequent sequestration of their funds and assets to pay the damages for contempt?

    21
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    Mute Richard Rodgers
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    Mar 12th 2014, 4:45 PM

    France’s
    The High Court decision means that any strike this weekend is illegal and any striker and his or her Union will be held personally responsible for any financial losses caused as a result of their misbehaviour.
    I think you’ll find that it won’t be just their pensions that will be wiped out but their houses and their Unions assets as well. Additionally they could also be jailed.
    Still think they should strike regardless……………………or do you now realise how foolish you look?

    40
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    Mute Giuseppe
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    Mar 12th 2014, 4:47 PM

    Yes. Courts hardly going to lock up thousands of people. Union would just get fined or something….

    19
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    Mute Ben Gunn
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    Mar 12th 2014, 4:48 PM

    This strike is about pensions, not poverty.

    41
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    Mute Bob MacBob
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    Mar 12th 2014, 4:59 PM

    SIPTU would be fined millions (which they have) so please I for one hope they are stupid enough to go ahead.

    21
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    Mute Giuseppe
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    Mar 12th 2014, 5:12 PM

    Ye poverty comes later when all these thousands of workers have no pension. So instead of them having a pension of there own ? Now they will apply for the full state pension. Costing the taxpayer more in the long term then if they had there own….
    Tho sure everyone against airport workers striking because it’s “unfair” and workers are “leeches” and greedy haven’t thought that far ahead ?.

    25
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    Mute Ben Gunn
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    Mar 12th 2014, 5:19 PM

    Maybe not but the courts can seize all the assets of the union. Look what happened to the British Miners Union in the 1980′s. We have the same laws here.

    7
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    Mute Ben Gunn
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    Mar 12th 2014, 5:29 PM

    The pension fund is in deficit for a variety of reasons which have little to do with the current management and shareholders.

    1. The inequitable division of assets and liabilities when Aer Lingus and the servicing and maintenance divisions were privatised.

    2. The disproportionate draw downs on the fund to help pay for various redundancy and severance rounds.

    3. The collapse of Bond yields in the last decade.

    4. The totally unreasonable method of calculating the liabilities of a pension fund to arrive at the notional deficit.

    19
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    Mute Bill
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    Mar 12th 2014, 8:03 PM

    Aer Lingus is not a state company it is private

    8
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    Mute Bill
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    Mar 12th 2014, 8:04 PM

    Can mean the same thing

    1
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    Mute eamonn hughes
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    Mar 14th 2014, 4:42 AM

    But of course so they do not have poverty in their older days, by striking for a well paid pension?

    1
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    Mute in_zane_burger
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    Mar 12th 2014, 4:31 PM

    People 1 Union 0

    67
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    Mute Marie McCormack
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    Mar 12th 2014, 5:14 PM

    It was not between people and union. It was between people and big business. People 0 Big Business 1. As ever though :)

    35
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    Mute in_zane_burger
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    Mar 12th 2014, 6:14 PM

    Big business – Aer Lingus, not even close

    16
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    Mute Bill
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    Mar 12th 2014, 8:10 PM

    Workers 0

    6
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    Mute Giovanni Battista
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    Mar 12th 2014, 4:36 PM

    What’s’ new? Has a judge or a Court ever refused an employer(s) request for an injunction against a Union(s) and its member so as to prohibit workers striking? So much for workers’ rights! Class politics, is as ever, a live a well in Ireland. In any event the Airport workers should, take the initiative and strike for their pension rights anyway.

    66
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    Mute eamonn hughes
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    Mar 12th 2014, 4:39 PM

    Real common sense prevails.

    26
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    Mute Jeremy Usbourne
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    Mar 12th 2014, 4:20 PM

    All that rearranging for nothing.

    56
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    Mute Eoin Sheehy
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    Mar 12th 2014, 4:18 PM

    On what grounds was the injunction granted, apart from “illegal”???

    55
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    Mute Alan Lawlor
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    Mar 12th 2014, 5:04 PM

    Simply that all avenues for negotiation and conciliation have not been exhausted. SIPTU should have waited before calling strike action.

    42
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    Mute Emily Elephant
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    Mar 12th 2014, 5:26 PM

    It’s a long while since I’ve been in the courts, but back then “illegal” was a pretty good ground for granting an injunction.

    30
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    Mute Kevin Mullen
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    Mar 12th 2014, 4:43 PM

    Ordinary worker told to go and do one by privileged people whose pension will there for them when they retire from there privileged position

    54
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    Mute Adam Peter Conroy
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    Mar 12th 2014, 5:02 PM

    Another victory of government over the interests of the little guy. Oh well. I guess it’s gonna be the middle finger to unions whenever any industrial action is threatened now.

    49
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    Mute Jeremy Usbourne
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    Mar 12th 2014, 5:55 PM

    Its a victory for the little guy.

    31
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    Mute finbarr ocormac
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    Mar 12th 2014, 4:20 PM

    State controls everything now …

    47
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    Mute Neil Richardson
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    Mar 12th 2014, 4:20 PM

    What is this feeling sweeping over the nation? Why it’s almost as if it’s this ‘common sense’ I’ve heard about from distant shores. Unfamiliar territory altogether.

    41
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    Mute Brian Keelty
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    Mar 12th 2014, 4:26 PM

    People have a fundamental right to strike. . Like it or not… they should all take a sick day on friday…

    111
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    Mute Neil Richardson
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    Mar 12th 2014, 4:33 PM

    I have a fundamental right to break wind in a lift but it doesn’t make me any less of a bollix when I do it. The complete contempt SIPTU showed for this country’s tourism and tourists when they “unfortunately” picked this weekend means this is a victory for common sense regardless of the fundemental right to strike.

    82
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    Mute Brian Keelty
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    Mar 12th 2014, 4:37 PM

    Regardless of where you choose to fart, fundamental rights cannot be removed from a person…. while the union can’t strike, each person can.

    63
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    Mute Ben Gunn
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    Mar 12th 2014, 4:47 PM

    If an individual strikes he is in breech of contract and can be fired. When a Union calls a strike, the manner in which it does so regulated by statute and if it follows the rules it and it’s members are protected in law.

    45
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    Mute Norman Hunter
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    Mar 12th 2014, 5:05 PM

    Ben a sick cert from a doctor also covers you in the event of an absence,just saying.

    27
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    Mute Ben Gunn
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    Mar 12th 2014, 5:15 PM

    Are you suggesting that workers resort to fraud?

    17
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    Mute darnell
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    Mar 12th 2014, 4:57 PM

    Ha! In your face, SIPTU! Shower of greedy pigs.

    36
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    Mute Joey Hackman
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    Mar 12th 2014, 6:02 PM

    Great decision by the High Court

    24
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    Mute Dane Tyghe
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    Mar 12th 2014, 4:57 PM

    The people planning this strike ought to be ashamed of themselves, and now a clear message has been sent that people and the state will not tolerate this bullying brinkmanship.

    Yes they may have issues but there are better ways to sort it out than entering a 1970′s timewarp and calling a strike on an incredibly busy weekend. What sort of way is that to treat customers? They are a disgrace.

    36
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    Mute Fergus Flanagan
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    Mar 12th 2014, 5:23 PM

    I was unaware that the welfare of tourists outrank our own workforce.

    38
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    Mute Marie McCormack
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    Mar 12th 2014, 5:26 PM

    I think now a clear message has been sent that employees have no rights and contracts are not worth the paper they are written on. Now every company will have an excuse of one sort or another to stop workers from demanding their contractual pay. Remember “our employees are our best asset”? Well, guess not.

    42
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    Mute Johnny Eutah
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    Mar 12th 2014, 9:04 PM

    “Welfare of tourists” Fergus think for a second, what do tourists bring with them… Money. What do does our economy need especially seasonal businesses… (I’ll give you a patronising round of applause if you get that one)

    7
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    Mute doievenmatter
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    Mar 12th 2014, 4:50 PM

    Congratulations to the DAA & Ryanair for finally doing what is right for their customers and going to court to stop this madness.

    Now I hope that the DAA will be competent when it comes to deal with anybody who ignores this injunction and participate in a wild strike or some other illegal action and deal with them with all possible options available.

    I also hope that the DAA is using this scare to prepare a better contingency plan for future strike threads (which I’m sure will come soon).

    31
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    Mute Martin Smith
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    Mar 12th 2014, 6:02 PM

    wont hold my breath on ryanair taking injunctions in spanish and french courts during the summer when air traffic controllers engage in their annual summer strike…for ryanair its about publicity nothing more

    16
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    Mute Rory J Leonard
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    Mar 12th 2014, 5:35 PM

    Members of that DAA defined benefit pension scheme must pull together and come up with suggestions and solutions themselves on how, over time, to plug that €700 m black hole.

    Folks becoming more actively involved in matters affecting own pocket, often arrive at innovative, cheaper, and previously unthought of solutions for benefit of group.

    Maybe more Ryanair shares could be acquired by the pension fund. And with O Leary in a mood to pay annual dividends, perhaps the time is right to load up.

    Over time Mike delivers value. A chunk in Paddy Power plc perhaps! And what about the Kerry Group, it rarely disappoints.

    Glanbia plc, CRH plc, AIB and Boi ( yes these two shares will bounce back and soon) are others for consideration.

    Is there a “Wilbur Ross” amongst the group there, one close to fund managers, who can and will make the right move?

    That black hole could be closed by 2020 IMO with some astute fund management. Don’t wait for others to do what can be done in- house!

    26
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    Mute gerbreen
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    Mar 12th 2014, 7:11 PM

    Ryanair shares. Break up AL. Let FR buy the transatlantic routes and associated infrastructure.

    Why aren’t current pensioners taking a hit? Or are they?

    8
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    Mute Bill
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    Mar 12th 2014, 8:17 PM

    The fascist anti worker tone here is scary

    18
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    Mute pagan
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    Mar 12th 2014, 9:33 PM

    @gerbeen the current pensioners are taking a hit.its 10%.
    Government had the president sign it into law on christmas Day.
    This effects all pensions

    8
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    Mute Jason Culligan
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    Mar 12th 2014, 10:14 PM

    If in doubt, label anything you don’t agree with as fascist. That’s a foolproof argument strategy right there.

    4
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    Mute gerbreen
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    Mar 12th 2014, 10:33 PM

    Pagan thanks … are they actually though or just legislation? Either way their successors cant afford them. And I don’t think a cent of taxpayer money should be used here. Thanks to Waterford Crystal ruling the government have pledged was it 50%? So safeguards are in place. Many of us are building from scratch.

    In fairness though I have no issue with AL striking. “Private” company etc. DAA are core and should be on same level as garda etc

    3
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    Mute eamonn hughes
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    Mar 12th 2014, 4:37 PM

    People saying common sense are ridiculous, They are the real leeches.

    21
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    Mute John Dolan
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    Mar 12th 2014, 5:14 PM

    Bankrupt State guarantees public service pensions, due to reasonable expectation that pensions are paid. Taxpayer pays. The green eyed gobstites shows no solidarity with anyone else

    19
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    Mute Martin Smith
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    Mar 12th 2014, 6:00 PM

    look forward to ryanair taking out future injunctions against french and spanish air traffic controllers during the annual strikes that accompany the summer….see how much they really think of their irish customers….wont be holding my breath on those injunctions…………

    18
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    Mute j.k
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    Mar 12th 2014, 7:19 PM

    it would appear the courts hands are. Tied when it comes to bankers pensions & the privileged elite when it comes to the average working man or woman workers rights are all but a joke & the 2 fingers shown to the working class by the privileged they best hope the 2 fingers don’t come back in the form of BLUE FLU

    15
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    Mute Daniel D Waters
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    Mar 12th 2014, 4:25 PM

    Adding fuel to the fire.

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    Mute Giuseppe
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    Mar 12th 2014, 4:37 PM

    Seems pointless the airlines have changed flights and organised passengers as best they could already. They are hardly going to change back to the original schedules at this late stage.
    So Friday 5am – 9am the airports will still be like ghost towns. Staff now standing around with next nothing to do ?? Company’s should have let the strike go ahead and saved on wages….
    Only in Ireland :/

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    Mute gavin delves
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    Mar 12th 2014, 4:52 PM

    Aer lingus are the only ones to rearrange flights ryanair and the rest haven done it

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    Mute Giuseppe
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    Mar 12th 2014, 5:16 PM

    Ah that can’t be true is it ??? Ryanair cares about it’s customers now ??? They wouldn’t have gambled on getting the injunction to accommodate customers ?

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    Mute Daniel D Waters
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    Mar 12th 2014, 4:25 PM

    Jet fuel of course

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    Mute William Martin Murphy
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    Mar 12th 2014, 7:44 PM

    Lock them out!

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    Mute Paul Griffin
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    Mar 12th 2014, 10:16 PM

    Don’t forget where the pension problems in both entities stems from the unsustainable DB schemes in the public sector. If I’m not mistaken both schemes were set up when the DAA & Aer Lingus were semi-states. Back in the day once you joined a semi-state or the public sector more often then not a perk of the job was the DB scheme where not actual thought was ever given into how these schemes would be funded. Unfortunately for both sets of workers they now work for commercial entities that understand DB schemes should & have to be self- funding, its only a matter of time before some government realizes the same to be true of all DB schemes in the public sector until such time it’s you and I the private sector workers who are going to have to fund these schemes. Serious thought needs to be given to a universal pension scheme the higher paid in the public sector won’t like it but at least every worker in the state would be guaranteed a modest pension to live on after they retire. The days of getting one & a half times your final yrs salary as a tax free lumpsum followed by 2/3 of salary pension are coming to an end.

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    Mute commonsense
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    Mar 12th 2014, 11:54 PM

    You’re mixing up pension types and it makes your entire comment nonsensical. Db schemes are completely different to the state scheme. In the state scheme there is no fund. Contributions go to pay pensions, nothing is saved.
    In a db scheme there is a guaranteed return, usually underwritten by the employer. The return is quite poor in terms of the payment in but what made them attractive was that guarantee. And it turns out that guarantee is worthless. Ordinary working people screwed.

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    Mute richardmccarthy
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    Mar 13th 2014, 12:30 AM

    Gold plated public service pensions are still being doled out to politicians and those at the top, but alas all are funded by current day to day taxation taken from those on far lower earnings, thanks to the scam that was benchmarking under Bertie.

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    Mute John Fee
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    Mar 13th 2014, 8:17 AM

    I fully agree with their right to strike over the pensions disaster but doing it this weekend for ‘maximum effect’ would only have the effect of destroying any goodwill towards them and doing severe economic and reputational damage to the country at a time when we are desperately clawing our way back to stability.

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