Association
State guarantees right to form associations & unions
special features
associate for a particular purpose
individual rights can be exercised through associations
acting in concet gives more power then acting alone
rights of unions
no right to join existing union unless union has monopoly on access to a particular type of work, refusal to admit may violate right to work
right to accept member
secret societies in police or military prohibited - conflicts with public order or morality
unlawful organisation - S 18 - Offences against the State act
attempts to raise military force without constitutional authority
advocate or encourage violence
if Government believes to be unlawful, can make a suppression order
may ask HC to declare it is not unlawful
regulate in the public interest -
if determination is made
Trade Union tribunal can determine
sole right to organise workers or a particular class
if the Trade Union is proper
balot workers affected
negotiate fixing of wages and other conditions
the union is obliged to accept workman fo that class as member
no other Trade Union can accept new member of any workman of that class
citizens free to associate with others of his choice - to not allow would be denial of right
Educational Company Ireland - union members failed to persuade colleagues to join union, union members that unless the 9 employeees joined the union or they were dismissed - the rest world strike
right of dissociation - to chose or not chose to join a trade union - can't be coereced into joining
Meskell - CIE agree with 4 unions to employ only union members - dismissed all affected employees - re-employed only those who agreed to join and stay in the unions
damages awarded - constitutional dismissal power abused