Cathy Maguire BL reviews the case of O’Connell v Building and Allied Trades’ Union, Edward Morris, Patrick O’Shaughnessy and Michael McNamara and the Construction Industry Federation [2014] IEHC 360; [2015] 26 ELR 173 (HC); [2016] IECA 338 (CA); : [2017] IESCDET 22 (SC), which illustrates the interaction between the closed shop and the Constitutional right to work. It demonstrates that while a union is entitled to approach an employer and ask that employer to engage only union members, and the employer is entitled to enter into an agreement with the union to that effect, the union cannot then wrongfully refuse membership to a qualified applicant and yet enforce the closed shop.
Background
Mr O’Connell claimed damages for wrongful interference with his contractual relations, inducement of breach of contract, intimidation, breach of his constitutional right to work and his right to earn a livelihood. Mr O’Connell commenced his claim against the union and its officials in 2002 and joined the Construction Industry Federation (CIF) to the proceedings as the 5th defendant in 2012.
The High Court
The Court of Appeal
Discussion
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