Langan v Mandate Trade Union (Approved) [2026] IEHC 263 (24 April 2026)

Langan v Mandate Trade Union (Approved) [2026] IEHC 263 (24 April 2026)

The union's rules do not expressly or impliedly permit interim suspension of a member pending investigation in the circumstances presented. The plaintiff was not afforded even the minimum fair procedures required prior to suspension, as she was not put on notice or given an opportunity to make representations. The balance of justice favours granting interlocutory relief to restrain the suspension and permit participation in the upcoming election, as damages are not an adequate remedy and the risk of injustice is greater if relief is refused.

Citation
[2026] IEHC 263
Parties
Plaintiff: Lorna Langan; Defendant: Mandate Trade Union
Jurisdiction
Ireland
Judgment Date
24 April 2026
Procedural Posture
Application for Interlocutory Injunction / Interlocutory (pre Trial)
Outcome
Interlocutory injunction granted
Legal Topics
Interlocutory Injunctions, Fair Procedures, Suspension of Union Membership, Protected Disclosures, Constitutional Rights of Union Members
Employment Law Trade Union Law Administrative Law Interlocutory Injunctions Fair Procedures Suspension of Union Membership Protected Disclosures Constitutional Rights of Union Members

Case Brief

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Parties

Lorna Langan

Plaintiff

Mandate Trade Union

Defendant

Procedural Posture

Application for Interlocutory Injunction / Interlocutory (pre Trial)

Legal Issues

  1. 1 Whether the union's rules permit interim suspension of a member pending investigation
  2. 2 Whether the plaintiff was afforded fair procedures prior to suspension
  3. 3 Whether the plaintiff is entitled to interlocutory injunctive relief to restrain her suspension and permit participation in union elections

Ratio Decidendi

The union's rules do not expressly or impliedly permit interim suspension of a member pending investigation in the circumstances presented. The plaintiff was not afforded even the minimum fair procedures required prior to suspension, as she was not put on notice or given an opportunity to make representations. The balance of justice favours granting interlocutory relief to restrain the suspension and permit participation in the upcoming election, as damages are not an adequate remedy and the risk of injustice is greater if relief is refused.

Court Disposition

Interlocutory injunction granted

Orders

  • The defendant is restrained from giving effect to the plaintiff's suspension and from interfering with her right to contest the NEC election pending trial.
  • Matter listed for further case management and costs on 8 May 2026.