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 of the Association's Constitution governs policy decisions such as a vote of no confidence and does not require the procedural safeguards of natural or constitutional justice applicable to misconduct allegations. Provided the procedure is fair, the meeting properly convened, and the majority acts bona fide, the requirements of the rule are satisfied. Judicial review is not warranted in the absence of mala fides or disregard of the rules.

Citation
[1999] 1 ILRM 445
Parties
Plaintiff/appellant: P. J. McEvoy; Defendant/respondent: The Prison Officers Association
Jurisdiction
Ireland
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal allowed
Legal Topics
Internal Management of Associations, Natural Justice, Fair Procedures, Vote of No Confidence, Interpretation of Association Rules
Labour Law Contract Law Administrative Law Internal Management of Associations Natural Justice Fair Procedures Vote of No Confidence Interpretation of Association Rules

Case Brief

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Parties

P. J. McEvoy

Plaintiff/appellant

The Prison Officers Association

Defendant/respondent

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

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

Ratio Decidendi

Rule 62 of the Association's Constitution governs policy decisions such as a vote of no confidence and does not require the procedural safeguards of natural or constitutional justice applicable to misconduct allegations. Provided the procedure is fair, the meeting properly convened, and the majority acts bona fide, the requirements of the rule are satisfied. Judicial review is not warranted in the absence of mala fides or disregard of the rules.

Court Disposition

Appeal allowed

Orders

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