Riordan v Butler Others

CourtHigh Court
Judgment Date01 January 1940
Date01 January 1940
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...

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9 cases
  • Taylor v Smyth
    • Ireland
    • Supreme Court
    • 1 Enero 1991
    ...17 T.L.R. 749. Reg. v. McDonnell [1966] 1 Q.B. 233; [1965] 3 W.L.R. 1138; [1966] 1 All E.R. 193. Riordan v. Butler [1940] I.R. 347; (1940) 74 I.L.T.R. 152. Rookes v. Barnard [1964] A.C. 1129; [1964] 2 W.L.R. 261; [1964] 1 All E.R. 367; [1964] 1 Lloyd's Rep. 28. Saloman v. Saloman & Co. [189......
  • Rookes v Barnard
    • United Kingdom
    • Court of Appeal
    • 17 Abril 1962
    ...and illegal". Later in the judgment atpage 347 the Irish case of Cooper v. Millea (1938 Irish Reports page 749), which was followed by Riordan v. Butler (1940 Irish Reports page 347), was cited, and it would seem that Mr. Justice Harman's opinion was an acceptance of the decision of Mr. Jus......
  • Morgan v Fry
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 27 Junio 1968
    ...period for termination -then it is unlawful. That appears from the Irish cases of Cooper v. Miilea (1938 Irish Reports, p. 749) and Riordan v. Butler( 1940 Irish Reports, p. 347). In the latter case the plaintiff was a plasterer but he was not a member of the Plasterers' Union, His fellow-w......
  • Bula Ltd v Tara Mines Ltd (No. 2)
    • Ireland
    • High Court
    • 1 Enero 1988
    ...Ch. 347; 133 L.T. 370; 41 T.L.R. 529. Cooper v. Millea [1938] I.R. 749; (1938) 72 I.L.T.R. 209. Riordan v. Butler [1940] I.R. 347; (1940) 74 I.L.T.R. 152. Sheriff v. McMullen [1952] I.R. 236; (1951) 91 I.L.T.R. 60. Rookes v. Barnard [1964] A.C. 1129; [1964] 2 W.L.R. 269; [1964] 1 All E.R. 3......
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