Latest in Employment Law>Case Law>O’Connell v Building and Allied Trades’ Union, Edward Morris, Patrick O’Shaughnessy and Michael McNamara and the Construction Industry Federation
O’Connell v Building and Allied Trades’ Union, Edward Morris, Patrick O’Shaughnessy and Michael McNamara and the Construction Industry Federation
This case (which has been subject to appeals - see [2014] IEHC 360; [2015] 26 ELR 173 (HC); [2016] IECA 338 (CA); : [2017] IESCDET 22 (SC)) 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
The plaintiff in this case was a block layer who had been a member of the first defendant, the building and Allied trades
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DisclaimerThe information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.This article is correct at 29/03/2017
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