Trade union executive can contest election after suspension lifted by High Court injunction
High Court Reporter
A member of the national executive of the trade union Mandate has had her suspension lifted by a High Court injunction, allowing her to stand for re-election next week.
Lorna Langan claims the decision to suspend her membership, meaning she could not run for re-election, arose out of her attempts to highlight alleged wrongdoing and malpractice at the union, over which a formal complaint has now been made to gardaí.
She claimed Mandate's national executive council (NEC) had been misled at an emergency meeting in June 2021 into approving an enhanced redundancy payment for a staff member in excess of €100,000.
Earlier this week, the High Court was told that the suspension was related to Facebook comments made by Langan and others, which drew complaints from staff.
Conor Power, with Michael Kinsley, for Langan, said she defends the comments and that the complaints made had a damaging impact on his client and others. Counsel said five members in all were suspended.
Power submitted that there was no power to suspend a member except following the outcome of a process, which did not occur in this case.
Counsel said that fair procedures had not been applied, as Langan was not informed in advance of the decision to suspend her on March 22nd, was not specifically told what the reasons for the suspension were, and was then allegedly informed there was no appeal process to the decision.
He said that there was no advance notice "at all" of the proposal to suspend Langan at the March meeting, which she could not attend due to medical circumstances, and could not oppose because of the lack of notice.
Power said that Langan is on disability allowance but has a job offer and that, for the purposes of the rules, she is employed and eligible to contest the election.
Langan, who has been a member of the NEC for the last two years, claimed that with an election to be held on Monday at the union's biennial delegate conference, she needed an urgent decision striking down the suspension of both her regular membership of the union and of the NEC.
At the High Court on Friday, Justice Marguerite Bolger granted the interlocutory injunction sought and ordered the lifting of the suspensions, which allows Langan to both canvass for re-election and attend the conference as a delegate.
Justice Bolger said that there was no barrier to Mandate investigating if the suspensions were lifted and that Langan, a union member since 2015, had not been suspended in accordance with fair procedures.
Justice Bolger noted the plaintiff was never put on notice of complaints against her, had no opportunity in advance to make representations, and was not given sufficient reasons for her suspension.
The judge said Langan had not been given a narrative for the suspension and was only told that an investigator had been appointed.
Justice Bolger said Langan had established an unlawful denial of fair procedures and that she is entitled to participate in Monday’s conference.
The judge said she was not satisfied, as claimed by the lawyers for the union, that Langan was unemployed, which would bar her from seeking re-election.
Justice Bolger said the Department of Social Protection categorised Langan as temporarily unfit for work due to medical reasons and that she had a contractual right to participate in the election.
Lorna Lynch, for Mandate, had argued that the plaintiff was told of the decision to suspend her by letter two days after the meeting and that she was given the reasons behind the complaints made with reference to union rules.
Counsel had said that Langan was ineligible to contest the election as she was unemployed and on disability allowance, as opposed to jobseekers' allowance.
Lynch had submitted that union rules specify that an unemployed person is not entitled to contest for the NEC position and that this was "inescapable".
