Clerkin & Ors v Warrenpoint Harbour Authority [2004] NICA 31 (17 September 2004)

Clerkin & Ors v Warrenpoint Harbour Authority [2004] NICA 31 (17 September 2004)

The longstanding custom and practice of collective bargaining between union and management was sufficient to imply a term into the appellants' contracts that allowed for incorporation of negotiated changes, including reductions in pay; wages paid after the change were properly payable and not an unauthorised deduction under Article 45.

Citation
[2004] NICA 31
Parties
Appellants/applicants: Desmond Clerkin and Others; Respondents: Warrenpoint Harbour Authority
Jurisdiction
Northern Ireland
Judgment Date
17 September 2004
Procedural Posture
Appeal by Way of Case Stated From Industrial Tribunal / Court of Appeal Decision
Outcome
appeal dismissed
Legal Topics
Implied Terms, Collective Bargaining, Custom and Practice, Unauthorised Deduction of Wages
Employment Law Contract Law Implied Terms Collective Bargaining Custom and Practice Unauthorised Deduction of Wages

Case Brief

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Parties

Desmond Clerkin and Others

Appellants/applicants

Warrenpoint Harbour Authority

Respondents

Procedural Posture

Appeal by Way of Case Stated From Industrial Tribunal / Court of Appeal Decision

Legal Issues

  1. 1 Whether changes in terms and conditions of employment negotiated and agreed between the respondent and SIPTU were incorporated into the appellants' contracts of employment by custom and practice
  2. 2 Whether a reduction in pay can be impliedly incorporated into contracts of employment via collective bargaining
  3. 3 Whether Article 45 of the Employment Rights (Northern Ireland) Order 1996 precludes such incorporation

Ratio Decidendi

The longstanding custom and practice of collective bargaining between union and management was sufficient to imply a term into the appellants' contracts that allowed for incorporation of negotiated changes, including reductions in pay; wages paid after the change were properly payable and not an unauthorised deduction under Article 45.

Court Disposition

appeal dismissed