Doyle & Ors v. Croke & Ors [1988] IEHC 32 (6 May 1988)

Doyle & Ors v. Croke & Ors [1988] IEHC 32 (6 May 1988)

The June and November 1986 resolutions limiting participation in the settlement fund were invalid because fair procedures were not followed: proper notice was not given to all members, the terms of the resolutions were not communicated in advance, and the decision-making process was tainted by bias and lack of opportunity to be heard. The union holds the settlement sum in trust for all former members.

Citation
[1988] IEHC 32
Parties
Plaintiffs: Brendan Doyle and Ors; Defendants: Norman Croke and Ors
Jurisdiction
Ireland
Judgment Date
06 May 1988
Procedural Posture
Civil / High Court Judgment
Outcome
Plaintiffs succeed; declaration and injunctive relief granted.
Legal Topics
Trade Union Procedures, Natural Justice, Fair Procedures, Redundancy Payments, Trusts in Union Settlements
Labour Law Trust Law Constitutional Law Trade Union Procedures Natural Justice Fair Procedures Redundancy Payments Trusts in Union Settlements

Case Brief

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Parties

Brendan Doyle and Ors

Plaintiffs

Norman Croke and Ors

Defendants

Procedural Posture

Civil / High Court Judgment

Legal Issues

  1. 1 Whether the sum of £360,000 paid to the union is held in trust for all former union members or only for those who participated in picket duty as per the June 1986 resolution
  2. 2 Whether the June 1986 and November 1986 union meetings and their resolutions were valid and complied with fair procedures

Ratio Decidendi

The June and November 1986 resolutions limiting participation in the settlement fund were invalid because fair procedures were not followed: proper notice was not given to all members, the terms of the resolutions were not communicated in advance, and the decision-making process was tainted by bias and lack of opportunity to be heard. The union holds the settlement sum in trust for all former members.

Court Disposition

Plaintiffs succeed; declaration and injunctive relief granted.

Orders

  • Declaration that the sum of £360,000 is held in trust for all former union members of Irish Meat Producers Limited at Barnhall, Leixlip.
  • Injunctive relief to be discussed with counsel; terms of order to be settled.