Source: All England Reporter
Publisher Citation: [2011] All ER (D) 288 (Feb)
Neutral Citation: [2011] UKPC 4
Court: Privy Council
Judge:

Lord Hope, Lord Rodger, Lord Walker, Lord Brown and Lord Clarke
Representation Obie Ferguson (instructed by Obie Ferguson & Co) for Maintenance.
  Harvey Tynes QC, Tanisha Tynes, Ferron Bethell and Paula Adderley (instructed by Blake Lapthorn LLP) for Catering and Sandals.
  James Guthrie QC (instructed by Charles Russell LLP) for the Attorney General.
Judgment Dates: 23 February 2011

Catchwords

Bahamas - Trade union - Recognition - Recognition of union for collective bargaining purposes - Rival unions: 'Maintenance' and 'Catering' seeking recognition from Sandals as bargaining unit for non-managerial employees - Registrar of trade unions notifying parties of decision to hold poll to resolve rival claims - Catering and Sandals applying for judicial review of decision to hold poll and for injunction restraining relevant minister from holding poll - Maintenance applying for order of mandamus and joining Attorney General as respondent - Order being granted - Poll being held and result being in favour of Maintenance - Court of Appeal holding registration of Maintenance void and of no effect - Maintenance appealing to Privy Council - Whether Court of Appeal erring - Whether Attorney General being proper party to proceedings - Whether recognition to be granted to MAintenance - Industrial Relations Act (Bahamas) 1970, ss 8(1)(c), 10, 15, 42(6)(c).

The Case

Bahamas Trade union. The Privy Council held that fairness and good administration required that a trade union, which had on the strength of an unchallenged poll, been treated as the recognised union for non-managerial staff at Sandals, Bahamas, notwithstanding its flawed registration, should be confirmed in that position.

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