Backlog of court cases reaches a crisis point
Dunnes to remain open despite strike
June 1995
THE backlog of cases waiting to be heard in the Circuit Court in Kerry has reached crisis point and is causing severe trauma for litigants, particularly in family law cases, Kerry Law Society Chairman Michael O’Connell told The Kerryman
A total of 64 family law cases were listed for hearing in just one day at the last sitting of the Circuit Court in Tralee before Judge Kevin O’Higgins who said the delays are causing untold human misery.
It is known that Judge O’Higgins is deeply concerned at the failure to appoint a second Circuit Court judge to hear cases in the county.
Speaking in court in Tralee, Judge O’Higgins said:
“The situation is totally unsatisfactory for the citizens and barristers. What is required is more judges to deal with the situation which seems to me to be getting rapidly worse.”
There are in excess of 400 civil cases awaiting hearing in the Circuit Court in Kerry at present and with between five and six new civil cases being added every day to the list for the next Kerry sittings in July, the problem is getting rapidly worse.
It now takes an average of over two years for a civil case to be heard and the number of criminal trials pending in
Kerry is on the increase. Only a handful of the 18 trials listed for Kerry at the last sitting were heard.
Kerry Law Society Chairman, Michael O’Connell, said the delays are totally unacceptable.
“Justice delayed is justice denied and a situation has now been arrived at where grave inconvenience and distress is being caused to litigants in County Kerry. This is a matter which should be resolved without further delay by either the Department of Justice of the Circuit Court,” he said.
South Western Circuit Judge, Kevin O’Higgins, covers counties Kerry, Limerick and Clare and sits for 12 weeks each year in Kerry. However, in a bid to clear the backlog he has been sitting during his holidays and until 9pm at night.
The problems caused by delays in processing court cases is considered most acute where they affect people involved in family law cases. This is causing great concern according to Mr O’Connell who praised Judge O’Higgins and Circuit Court staff for making every possible effort to reduce the backlog.
“Due to time constraints there is only one day set aside for family law with the result that there is now an enormous build-up of cases of this nature with the resultant trauma being caused to the parties as a result of the delay,” he said.
OVER 250 Dunnes Stores workers in Kerry will go on strike on June 19 to protest against Sunday working and the non-payment of an agreed pay rise, but management at the company’s tralee branch expect the store to remain open throughout the strike.
This decision follows an overwhelming vote in favour of strike action in a nationwide ballot, the results of which were released on June 1.
Eighty-five percent of union members voted for industrial action and their union, Mandate, announced that a strike would take place on Monday, June 19 unless the dispute was resolved in the meantime. At the time of going to press, Mandate had heard no response from Dunnes Stores management.
Grocery Manager at Dunne’s Stores branch in North Circular Road, Tralee, Bob Dillon said that he expected the store to be open throughout the strike.
“It is not really a local matter, we will try to stay open but it is the head office in Dublin that decides whether to meet the union’s demands or not,” he said. However, Dunnes Stores head office was not prepared to comment on the issue.
The decision to strike follows a long-running dispute centring on the issues of worsening conditions for staff since the introduction of Sunday trading in August last year and non payment of a three per cent pay rise agreed under the PESP.
According to Bill Kelly, the union’s Assistant Divisional Organiser, workers are being involuntarily scheduled for work on Sundays at a flat rate.
“After the eight week staff picket last October we had an understanding with the company that they would maintain the status quo of paying a premium rate to workers on Sunday until January. In January, we would then sit down to discuss and finalise an agreement in relation to Sunday”, Mr Kelly said.
But according to Mr Kelly, throughout the Christmas period and afterwards the company continued to employ young people on the basis that they would work Sunday and Bank holidays at a flat rate. In some stores the new employees are also given work during the week and a lot of regular staff have seen their hours cut.
We have been trying to negotiate since January and it has not been easy to achieve anything. We had a number of meetings during April, and on the last occasion, April 13, the company promised that they would send proposals in writing. The proposals never arrived “he said.