Garda strike legal repercussions?

wexfordman

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Trying to stick specificly to this point, re the legality and impact of a Garda strike.

If a person suffers a loss or injury, or even a fatality, due to the strike or inaction of the Garda, does this leave open the potential of either criminal or civil prosecution against the Garda and or those that organise the strike or withdrawal of services?
 


Zapped(CAPITALISMROTS)

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daxxdrake
Trying to stick specificly to this point, re the legality and impact of a Garda strike.

If a person suffers a loss or injury, or even a fatality, due to the strike or inaction of the Garda, does this leave open the potential of either criminal or civil prosecution against the Garda and or those that organise the strike or withdrawal of services?
Interesting point and could see the potential legal consequences as problematic.
 

drummed

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You'd have to prove the lack of a Garda would have changed something and that the Garda would have been at the scene in the first. That would seem tricky.
 

RodShaft

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Trying to stick specificly to this point, re the legality and impact of a Garda strike.

If a person suffers a loss or injury, or even a fatality, due to the strike or inaction of the Garda, does this leave open the potential of either criminal or civil prosecution against the Garda and or those that organise the strike or withdrawal of services?
But who is organizing it? The GRA say that they aren't.
 

RodShaft

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You'd have to prove the lack of a Garda would have changed something and that the Garda would have been at the scene in the first. That would seem tricky.
You'd have to prove that a Garda turning up three days after your emergency call could actually have achieved something.

Bunch of wasters.
 

wexfordman

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You'd have to prove the lack of a Garda would have changed something and that the Garda would have been at the scene in the first. That would seem tricky.
Well, it would be interesting seeing for example, a garda, or a garda representitive argue in court that the being present would have no impact for a start.

But I get what you mean, but I still think that it is quite possible to make an argument to prove an incident was not prevened due to the garda strike. For example, I am sure there are current typical response times, and emergency calls are tracked and recorded to the nth degree, it would be relatively easy to show where the gap occurred

As far as who is responible, dunno, but there are certainly some quite public figures pushing for industrial action, there are specific people calling for industrial action and negotiating with he state on wheterh or not to cancel or proceed with it based on the outcome/delivery of garda demands (or ransom so to speak).
 

GDPR

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No. The ban on striking is a stupid law anyway in my view, and should be removed
 

Calvin J. Hamilton

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No it won't make any difference, at normal times when there is no industrial action, and a victim of crime rings Gardai station for assistance, and IF they answer say, ''sorry but all cars are on calls and busy and we will be right out to you when we get a chance'' it doesnt matter that the car trackers on the Gardai vehicles say that all cars were stationary at an all night petrol station or that the cctv cameras at said petrol station have all gardai filmed scoffing doughnuts while the victime needed assistance, could the victim successfully sue Gardai for negligence, not on your nelly
 

Dorcha

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As employers of the Gardai, surely it is the Government who could be sued. Which means that we'll all be paying any damages.
 

wexfordman

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As employers of the Gardai, surely it is the Government who could be sued. Which means that we'll all be paying any damages.
Dunno maybe, but of the cause is due to an illegal action (a strike) then hard to see how the state could be culpable as opposed to those organising or partaking in said illegal action.
 

wexfordman

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I am seriously wondering if specific individuals may find themselves legally and civil responsible for outcomes of the strike that result in loss or injury to individuals.
 

Gin Soaked

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Proving Garda intervention would have stopped a "loss" might only be possible in certain circumstances.

Can't see burglary, muggings or speeding being such cases.

Not looking forward to Friday. Doubt it will lead to a knacker-class free for all. Only because the knacker class of low lifes are as busy as they want.
 

leroy42

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Its a tricky one for the Garda. On the one hand, I doubt any of them want a free for all as that would put huge pressure on them to stop the strikes and think of the public, but also as members of society most sane people don't want that.

On the the hand, there is a sizeable amount of people who feel that the Garda do very little anyway (I have no stats on this). If nothing unusual happens on Friday, and even if the Garda can argue that anything that does happen wouldn't have been affected if they had been there, then it just plays into peoples perceptions that they are overpaid in the first place.

So, if a full on riot etc happens, they will be blamed for putting money ahead of society, if nothing happens then their case for extra pay seems somewhat undermined.
 

Northsideman

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I can see the Government waiting til the last moment and then seeking and most likely getting an injunction against the strike.
 

cricket

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I can see the Government waiting til the last moment and then seeking and most likely getting an injunction against the strike.
Wouldn't surprise me or they might withdraw recognition of the two unions because of perceived breach of contract. Implications for those seconded to the unions from the force and deduction of union subs from pay. Hope it doesn't come to this, but those options were being discussed by members who just happened to be in Cork this weekend. There's more than jazz going on here at the mo.
 

freewillie

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Wouldn't surprise me or they might withdraw recognition of the two unions because of perceived breach of contract. Implications for those seconded to the unions from the force and deduction of union subs from pay. Hope it doesn't come to this, but those options were being discussed by members who just happened to be in Cork this weekend. There's more than jazz going on here at the mo.
The Garda associations are not unions and do not have trade union status or the right to strike.
If the government allowed them into national agreement negotiations over the years this situation may not have arisen. And as for trade union solidarity none of the public service unions ever came out and said that the garda associations should be allowed into negotiations
 

Half Nelson

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Apart from the obvious effects, will a strike have legal and financial implications for gardai?
Is a blatant breach of contract a break of service? Are there pension implications?

We recently saw how a teacher unwittingly incurred a break of service due to not paying her registration fee.
 

cricket

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The Garda associations are not unions and do not have trade union status or the right to strike.
If the government allowed them into national agreement negotiations over the years this situation may not have arisen. And as for trade union solidarity none of the public service unions ever came out and said that the garda associations should be allowed into negotiations
I seem to remember ICTU talking about a kind of associate membership a few years ago. Don't know if it ever got anywhere.
 

nakatomi

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As employers of the Gardai, surely it is the Government who could be sued. Which means that we'll all be paying any damages.
If nurses go on strike and your operation is cancelled can you sue- yes you can , would you win, probably not.
 

cricket

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If nurses go on strike and your operation is cancelled can you sue- yes you can , would you win, probably not.
The difference is that there is provision for nurses to strike with conditions such as ballots and period of notice, etc. As long as they're complied with, the strikers should be ok.
No provision for gardaí to do so.
 


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