LEGAL PRINCIPLE: LABOUR LAW — Right to Sue Based on Union Constitution
PRINCIPLE STATEMENT
A union constitution that expressly confers on individual members the right to initiate legal action at their own expense for breaches of the constitution creates a contractual right enforceable by individual members.
RATIO DECIDENDI (SOURCE)
"Rule 7(v) of the Constitution of the 18th defendant confers an express right on individual members of the union to initiate an action at his own expense in connection with any breach of the constitution of the union. It is a contractual right."
EXPLANATION / SCOPE
This principle recognizes that union constitutions function as contracts between the union and its members, and can create individual rights beyond those provided by statute or common law. When a union’s governing document explicitly grants members the right to sue for constitutional breaches, this becomes a binding contractual entitlement. The requirement that members bear their own litigation costs distinguishes these actions from representative suits and demonstrates the personal nature of the right. This principle expands members’ ability to enforce union governance standards and provides an additional mechanism for internal accountability beyond statutory provisions. The contractual nature means the right is enforceable like any other contractual term, subject to usual contractual interpretation principles.