Daley v MWDALHMWU, in the matter of an election for the Office of Secretary [1996] IRCA 643

Daley v MWDALHMWU, in the matter of an election for the Office of Secretary [1996] IRCA 643

Both contending parties acted in approximately equal degree in breach of the principle that union resources must not be used to support or promote a candidate to the exclusion of another. To ensure the continued fairness of the election, interim injunctions must be granted equally to prevent further breaches for the remainder of the election period.

Jurisdiction
Australia
Judgment Date
10 December 1996
Procedural Posture
Application Under S 209 of the Industrial Relations Act 1988 / Interim Orders and Rules to Show Cause
Outcome
Interim injunctions granted equally against the parties, with specific exceptions; proceedings adjourned for directions hearing; liberty to apply granted; specific subpoena struck out.
Legal Topics
['use of Union Resources in Elections' 'fairness in Union Elections' 'injunctions in Electoral Disputes']
['industrial Law' 'trade Union Elections'] ['use of Union Resources in Elections' 'fairness in Union Elections' 'injunctions in Electoral Disputes']

Case Brief

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Procedural Posture

Application Under S 209 of the Industrial Relations Act 1988 / Interim Orders and Rules to Show Cause

Legal Issues

  1. 1 ['Whether the use of union resources to support one candidate in a union election to the exclusion of another breaches principles of fair conduct.' 'Whether interim injunctions should be granted to prevent the use of union resources in a contentious union election.']

Ratio Decidendi

Both contending parties acted in approximately equal degree in breach of the principle that union resources must not be used to support or promote a candidate to the exclusion of another. To ensure the continued fairness of the election, interim injunctions must be granted equally to prevent further breaches for the remainder of the election period.

Court Disposition

Interim injunctions granted equally against the parties, with specific exceptions; proceedings adjourned for directions hearing; liberty to apply granted; specific subpoena struck out.

Orders

  • ['Respondents (other than K.A. McLarty, J. Scholes and O. Lopez) to refrain from using union resources to support Ronnie Gray or Veronica Ilias to the exclusion of the other in the current election.' 'Liberty to apply on 12 hours written notice.' 'Proceedings adjourned to a directions hearing at 10.15 am on 10...