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Law Cases
Labour Law Cases
Freedom of association Cases

McVitae v UNISON [1996] IRLR 33

Country:
United Kingdom
By Oxbridge Law Team
Harrison J

  • Plaintiff was a member of NALGO that later merged with other unions to form Unison.

  • Plaintiff sought an injunction to prevent a union committee from hearing a complaint against him that related to the period when he was a member of NALGO, prior to the merger, arguing that Unison did not have the power to discipline him for events that occurred prior to its creation.

Harrison J

  • Construed the powers of Unison as including the power to discipline a person for matters prior to its creation in the exceptional circumstances of where the action complained of breached the rules of both Unison AND NALGO.

  • The courts could imply the power to dismiss/expel members in certain cases, but this power should be exercised in a restrained manner. 

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