M'Laren v. National Union of Dock Labourers and Riverside Workers in Great Britain and Ireland [1918] ScotLR 763 (19 July 1918)

M'Laren v. National Union of Dock Labourers and Riverside Workers in Great Britain and Ireland [1918] ScotLR 763 (19 July 1918)

The burial benefit provided by the union is a benefit to the member within the meaning of section 4(3)(a) of the Trade Union Act 1871. The action to enforce payment of such a benefit is therefore barred, regardless of the fact that payment is made to the member's representatives after death.

Citation
[1918] ScotLR 763
Parties
Pursuer: Mrs Margaret Ross or M'Laren; Defender: National Union of Dock Labourers and Riverside Workers in Great Britain and Ireland
Jurisdiction
Scotland
Judgment Date
19 July 1918
Procedural Posture
Civil Appeal / Appeal From Sheriff to Court of Session Inner House
Outcome
appeal dismissed
Legal Topics
Trade Union Benefits, Enforceability of Union Rules, Burial Benefits, Statutory Bar on Enforcement
Labour Law Contract Law Trade Union Benefits Enforceability of Union Rules Burial Benefits Statutory Bar on Enforcement

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Parties

Mrs Margaret Ross or M'Laren

Pursuer

National Union of Dock Labourers and Riverside Workers in Great Britain and Ireland

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff to Court of Session Inner House

Legal Issues

  1. 1 Whether burial benefit under trade union rules is a 'benefit to a member' within the meaning of section 4(3)(a) of the Trade Union Act 1871, thereby barring court enforcement.

Ratio Decidendi

The burial benefit provided by the union is a benefit to the member within the meaning of section 4(3)(a) of the Trade Union Act 1871. The action to enforce payment of such a benefit is therefore barred, regardless of the fact that payment is made to the member's representatives after death.

Court Disposition

appeal dismissed

Orders

  • Sheriff's interlocutor affirmed
  • Action dismissed