Riordan v Butler Others

• Jurisdiction: Ireland
• Judgment Date: 01 January 1940
• Date: 01 January 1940
• Court: High Court

Riordan

and

Butler & Others

-Dismissal of employee without notice - Dismissal caused by threats by co-workers to withdraw their labour and to cease work immediately - Employment only terminable by one week's notice - Interference with contract of employment by illegal means -Right of action by dismissed employee against co-workers - Immunity given by the Trade Disputes Act, 1906, no defence.

Plaintiff, a plasterer by trade, was engaged to work by the week on a certain contract. Before he commenced to work, however, the defendants, who were other plasterers engaged on the work, objected to his working, on the ground that he was not a member of a trade union, and, through one of their number, who acted as spokesman for the others, informed their employer that they would withdraw their labour and cease work immediately if the plaintiff began to work. Thereupon the employer dismissed the plaintiff without notice. The plaintiff brought an action against the defendants, claiming damages. The defendants were employed by the week and were bound to give a week's notice to terminate their employment. Held that the employer had broken his contract with the plaintiff by dismissing him without notice; that this was caused by the threat made by the defendants to cease work immediately if...