The plaintiff complained that he had been wrongly expelled by the general council of his union. The union replied that any defect had been cured when his expulsion was confirmed by the Union’s Annual Conference.
Held: The decision of the General Council of the Trade Union was vitiated because it convicted the appellant of an offence against the rules with which he had never been charged, and it was declared that the purported expulsion of the Appellant was invalid and should be set aside.
Lord Denning said: ‘If a domestic tribunal fails to act in accordance with natural justice, the person affected by their decision can always seek redress in the courts. It is a prejudice to any man to be denied justice. He will not, of course, be entitled to damages if he suffered none. But he can always ask for the decision against him to be set aside.’
Lord Denning, Lord Morris of Borth-y-Gest
[1961] AC 945, [1961] UKPC 41, [1961] 3 WLR 650, [1961] 3 All ER 621, [1961] AC 945
Bailii
England and Wales
Cited by:
Cited – Ridge v Baldwin (No 1) HL 14-Mar-1963
No Condemnation Without Opportunity For Defence
Ridge, a Chief Constable, had been wrongfully dismissed because he was not given the opportunity of presenting his defence. He had been acquitted of the charges brought against him, but the judge at trial had made adverse comments about his . .
Lists of cited by and citing cases may be incomplete.
Employment, Natural Justice
Leading Case
Updated: 01 November 2021; Ref: scu.251038