The Transport and Industrial Workers Union has failed in its bid to have a lawsuit over its move to expel 10 long-standing members dismissed at a preliminary stage.
Delivering a decision on Friday, High Court Judge Sabrina Dougdeen-Jaglal dismissed an application from the union to strike out the lawsuit brought by Nichola Bishop, Ricardo Charles, Steve Khan, Gyatre Lindsay, Camille Ottley, Leiba Phillips, Kevon Roberts, Candace Trotman, Shelly Villafana and Nigel Williams.
In the application, the union claimed the group did not have a legitimate cause of action, as the complaints in their lawsuit constituted a trade dispute that should be instead considered by the Industrial Court.
Justice Dougdeen-Jaglal disagreed with the union's characterisation of the lawsuit after considering local and international precedent-setting cases.
"Both local and UK cases established that bodies such as trade unions and association clubs are subject to the supervisory jurisdiction of the courts to ensure that the decisions they take, which have the potential to impact livelihoods and the prospects of their members, are carried out in accordance with the rule of law," Justice Dougdeen-Jaglal said.
As part of her decision, Justice Dougdeen-Jaglal ordered the union to pay the group's legal costs for defending the application.
The members of the group, except Trotman, all served on the union's branches for the National Maintenance Training and Security Company (MTS).
In September 2023, they claimed that they were invited by the union's executive to attend a negotiation between the union and MTS officials. They claimed that when they arrived at the meeting, union officials told them they were not allowed to participate. They claimed that they challenged the position and were verbally abused and threatened before being expelled from the meeting.
Several weeks later, the group and several other members who sought to attend the meeting were served with suspension letters blocking them from engaging in trade union activities.
The group wrote to the union's Central Committee and the National Trade Union Centre (NATUC), under which the union falls, to complain about the disciplinary action.
They were eventually invited to appear before the committee but they refused due to issues with the investigative process into the allegations levelled against them.
All the members of the group, except Trotman, were eventually expelled from the union.
In the lawsuit, pursued by their lawyer Richard Jaggasar, the group claimed that their suspensions and eventual expulsions were unlawful and in breach of the union's constitution.
In defence of the case, the union claimed that some members of the group were dissatisfied with the results of the union's executive elections. It contended that they incited the confrontation at the MTS meeting and dismissed attempts from the union's president to resolve their disagreement.
The union claimed that their conduct was properly investigated and they were charged with gross misconduct. It claimed that the committee took the decision to expel all except Trotman after they refused to defend the charge. It contended that Trotman's suspension was based on her conduct during a committee meeting after the incident at MTS. It accused Trotman of questioning the appointment of the union's general secretary and of using obscene language.
It noted that Trotman was not re-elected to the union's South Branch Committee and as such could not perform any union-related activity.
The substantive case is scheduled to come up for hearing on November 18.