News

"I find MSF has breached its rule book." Trade Union Certification Officer yesterday

NEW read the background to this story here

"I am satisfied that the rules of the union clearly provide for the right of appeal and that right of appeal, in the matters of suspension, are set out in both Rule 14 c) and Rule 17. The rules on appeal are quite clear. The right provided by those rules is meaningless if the union has a right to overrule it sine die (indefinitely) . In deferring the appeal the NEC were effectively rejecting that appeal. Once the disciplinary procedures had been completed, the individuals would either be cleared or would face a penalty. In either instance an appeal against the original suspension during the investigation would be academic."

"The right of appeal against suspension is set out in Rule 14 c) and Rule 17 and neither of these rights have been permitted. The decision of the NEC to defer the appeal was in effect a decision not to allow the appeal to proceed. I therefore find against the union in that, by postponing Ms Michie's appeal until all relevance of that appeal had been lost, the union effectively denied her the right of appeal. The rule book states that an appeal shall normally be heard within two months. By denying that appeal the suspension can no longer be regarded as being legitimately within rule.It is for these reasons I find MSF has breached Rule 14(c) and Rule 17(b) of its rule book."

Lyonsweb have made the report available here: key 6 pages of the CO Report .
Posted www.rogerlyons.com on 15th March-2001