Part I Trade Unions
Chapter II Status and property of trade unions
Liability of trade unions in proceedings in tort
20 Liability of trade union in certain proceedings in tort.
(1)
Where proceedings in tort are brought against a trade union—
(a)
on the ground that an act—
(i)
induces another person to break a contract or interferes or induces another person to interfere with its performance, or
(ii)
consists in threatening that a contract (whether one to which the union is a party or not) will be broken or its performance interfered with, or that the union will induce another person to break a contract or interfere with its performance, or
(b)
in respect of an agreement or combination by two or more persons to do or to procure the doing of an act which, if it were done without any such agreement or combination, would be actionable in tort on such a ground,
then, for the purpose of determining in those proceedings whether the union is liable in respect of the act in question, that act shall be taken to have been done by the union if, but only if, it is to be taken to have been authorised or endorsed by the trade union in accordance with the following provisions.
(2)
An act shall be taken to have been authorised or endorsed by a trade union if it was done, or was authorised or endorsed—
(a)
by any person empowered by the rules to do, authorise or endorse acts of the kind in question, or
(b)
by the principal executive committee or the president or general secretary, or
(c)
by any other committee of the union or any other official of the union (whether employed by it or not).
(3)
For the purposes of paragraph (c) of subsection (2)—
(a)
any group of persons constituted in accordance with the rules of the union is a committee of the union; and
(b)
an act shall be taken to have been done, authorised or endorsed by an official if it was done, authorised or endorsed by, or by any member of, any group of persons of which he was at the material time a member, the purposes of which included organising or co-ordinating industrial action.
(4)
The provisions of paragraphs (b) and (c) of subsection (2) apply notwithstanding anything in the rules of the union, or in any contract or rule of law, but subject to the provisions of section 21 (repudiation by union of certain acts).
(5)
Where for the purposes of any proceedings an act is by virtue of this section taken to have been done by a trade union, nothing in this section shall affect the liability of any other person, in those or any other proceedings, in respect of that act.
(6)
In proceedings arising out of an act which is by virtue of this section taken to have been done by a trade union, the power of the court to grant an injunction or interdict includes power to require the union to take such steps as the court considers appropriate for ensuring—
(a)
that there is no, or no further, inducement of persons to take part or to continue to take part in industrial action, and
(b)
that no person engages in any conduct after the granting of the injunction or interdict by virtue of having been induced before it was granted to take part or to continue to take part in industrial action.
The provisions of subsections (2) to (4) above apply in relation to proceedings for failure to comply with any such injunction or interdict as they apply in relation to the original proceedings.
(7)
In this section “rules”, in relation to a trade union, means the written rules of the union and any other written provision forming part of the contract between a member and the other members.