Dunn v. The National Amalgamated Furnishing Trades' Association and Others [1907] ScotLR 44_262 (09 January 1907)

Dunn v. The National Amalgamated Furnishing Trades' Association and Others [1907] ScotLR 44_262 (09 January 1907)

The pursuer's averments are not irrelevant to infer liability against the Association; if shop-stewards acted in accordance with Association-sanctioned practice for collecting arrears, the Association may be liable; inquiry into facts is required before deciding liability.

Citation
[1907] ScotLR 44_262
Parties
Pursuer: Joseph Dunn; Defender: John Holmes; Defender: John Cummings; Defender: The National Amalgamated Furnishing Trades' Association; Defender: General secretary, general treasurer, trade organiser, executive committee members, Glasgow branches secretary, Govan branch secretary of the Association
Jurisdiction
Scotland
Judgment Date
09 January 1907
Procedural Posture
Action of Damages for Procuring Wrongful Dismissal / Interlocutor on Reclaiming Note; Proof Before Answer Ordered
Outcome
Interlocutor of Lord Salvesen recalled; issues disallowed; proof before answer ordered; cause remitted to Lord Salvesen; expenses reserved.
Legal Topics
Wrongful Dismissal, Agency, Conspiracy, Trade Union Liability
Employment Law Trade Union Law Tort Law Wrongful Dismissal Agency Conspiracy Trade Union Liability

Case Brief

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Parties

Joseph Dunn

Pursuer

John Holmes

Defender

John Cummings

Defender

The National Amalgamated Furnishing Trades' Association

Defender

General secretary, general treasurer, trade organiser, executive committee members, Glasgow branches secretary, Govan branch secretary of the Association

Defender

Procedural Posture

Action of Damages for Procuring Wrongful Dismissal / Interlocutor on Reclaiming Note; Proof Before Answer Ordered

Legal Issues

  1. 1 Whether the Association is liable for wrongful acts of its members in procuring dismissal
  2. 2 Whether shop-stewards acted within scope of authority
  3. 3 Whether combination to procure dismissal is actionable

Ratio Decidendi

The pursuer's averments are not irrelevant to infer liability against the Association; if shop-stewards acted in accordance with Association-sanctioned practice for collecting arrears, the Association may be liable; inquiry into facts is required before deciding liability.

Court Disposition

Interlocutor of Lord Salvesen recalled; issues disallowed; proof before answer ordered; cause remitted to Lord Salvesen; expenses reserved.

Orders

  • Recall interlocutor dated 13th November 1906
  • Disallow issues approved by interlocutor