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McVitae v UNISON

[1996] IRLR 33

Case summary last updated at 17/02/2020 18:26 by the Oxbridge Notes in-house law team.

Judgement for the case McVitae v UNISON

P was a member of NALGO that later merged with other unions to form Unison. P sought an injunction to prevent a union committee from hearing a complaint against him that related to the period when he was a member of NALGO, prior to the merger, arguing that Unison did not have the power to discipline him for events that occurred prior to its creation. Harrison J construed the powers of Unison as including the power to discipline a person for matters prior to its creation in the exceptional circumstances of where the action complained of breached the rules of both Unison AND NALGO. The courts could imply the power to dismiss/expel members in certain cases, but this power should be exercised in a restrained manner. 

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