Courts / Limerick / Report
Union breached blocklayer's rights by denying him membership, court rules
Summary
In November 2016 the Court of Appeal ruled that the Building and Allied Trades Union (BATU) breached John O'Connell's constitutional right to work by refusing to grant him full membership. The court directed a High Court hearing to assess damages. It overturned a prior High Court finding that BATU and some officials had conspired to intimidate O'Connell and that he was not entitled to damages on those grounds. The Court of Appeal held that BATU had no valid justification for denying O'Connell membership and that the union's exclusion infringed his right to earn a livelihood, given BATU's effective monopoly over the blocklayer market. The court remitted the assessment of damages to the High Court, but upheld that O'Connell's claims against the Construction Federation were statute‑barred and dismissed. BATU and the CIF denied the allegations. The case remains at the High Court stage for damages determination.
Who, what, where, when and why
What: Report matter: Union breached blocklayer's rights by denying him membership, court rules. Procedural stage: appeal
When:
- July 2014 Hearing Or Sentence
- 2016-11-17 Publication
Why: The Court of Appeal has ruled the Building and Allied Trades Union breached the constitutional right to work of a Limerick blocklayer because it would not permit him join the union. CNI source report
Places mentioned
- Court of Appeal
- High Court
- The High Court
- The appeal court
- BATU. The High Court
Topics
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