Esterman v NALGO [1974] ICR 625

• Plaintiff sought to prevent a union committee from considering whether to expel her on the grounds that she refused to participate in a union boycott of elections (by not volunteering to assist at the election).

Templeman J

• Granted an injunction against the committee, arguing that there were two questions to be answered:

  1. Did the union have the power (under union rules) to expel Plaintiff on those grounds, and,

  2. Was the use of that power in this particular case an abuse of power?

• He assessed whether the union committee was acting BF and within the rules of natural justice.

• In this case, Plaintiff was entitled to doubt whether the executive order making the strike was just, given that in the ballot a majority were against striking. Hence there was abuse.

• Very unclear rationale here - is he saying that there was an abuse of power (which seems unlikely given that he says the union acted in the ‘utmost good faith’) or that a member shouldn’t be expelled if they are entitled to doubt whether a union decision is justified?