McEvoy v. Prisoner Officers' Association [1998] IESC 63; [1999] 1 ILRM 445 (18th December, 1998)

McEvoy v. Prisoner Officers' Association [1998] IESC 63; [1999] 1 ILRM 445 (18th December, 1998)

Rule 62 governs policy decisions and does not require the procedural safeguards of natural justice applicable to misconduct allegations; the vote of no confidence was bona fide and compliant with the Association's rules.

Citation
[1998] IESC 63
Parties
Plaintiff/appellant: P. J. McEvoy; Defendant/respondent: Prison Officers Association
Jurisdiction
Ireland
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal allowed
Legal Topics
Internal Management of Associations, Vote of No Confidence, Natural Justice, Fair Procedures
Employment Law Association Law Internal Management of Associations Vote of No Confidence Natural Justice Fair Procedures

Case Brief

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Parties

P. J. McEvoy

Plaintiff/appellant

Prison Officers Association

Defendant/respondent

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether Rule 62 of the Association's Constitution requires compliance with natural and constitutional justice in passing a vote of no confidence
  2. 2 Whether damages are an appropriate remedy for failure to comply with fair procedures

Ratio Decidendi

Rule 62 governs policy decisions and does not require the procedural safeguards of natural justice applicable to misconduct allegations; the vote of no confidence was bona fide and compliant with the Association's rules.

Court Disposition

Appeal allowed

Orders

  • High Court decision set aside
  • No damages awarded to Mr. McEvoy