The High Court dismissed Thomas Talbot’s proceedings against his union, Amicus, finding that his pleadings disclosed no reasonable cause of action and that the claim was frivolous and vexatious within the meaning of the court rules.
In a judgment delivered on 14 November 2007, Ms Justice Irvine considered the union’s application to dismiss the claim. The court accepted, for the purpose of that application, that facts pleaded by Mr Talbot could be proved. It said it did not have to accept the implications he asked the court to draw from those facts, including allegations of conspiracy, collusion and corruption.
Mr Talbot had worked for Hibernian Group from 1956 and retired in November 2001. His proceedings concerned alleged underpayment, workload and pension and lump-sum entitlements. He also accused the union of failing to protect his interests and of acting against them through its employee Jerry Shanahan. Among the matters he relied on was an allegation that Mr Shanahan arranged a job at Hibernian for his wife’s nephew.
The judge said that even if Mr Talbot could establish that appointment, it would not give him a cause of action against the union. The court also noted potential limitation issues and that some complaints had been considered by other tribunals. Those matters were part of the court’s assessment; it did not decide the merits of the underlying employment allegations in this application.
The judgment concerned two motions: the union’s application to dismiss and Mr Talbot’s application for judgment in default of defence. The defendants had delivered defences, and the court granted the union’s application. It dismissed the proceedings against Amicus, ordered Mr Talbot to pay the union’s costs, and stayed the costs order. The stay would be lifted only if he instituted fresh proceedings against Amicus under a new record number.
The order did not dismiss the claim against Hibernian. The judge said the latest statement of claim set out that claim and its alleged losses more clearly, and directed Hibernian to deliver an amended defence within three weeks.