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The New Act on the Courts in Hungary

Lastly, it must be mentioned that Antigua Trades and Labour Union v. Walter is clearly authority for the proposition that where a paid officer of a trade union is dismissed from office, whether his contract with the union contains a clause providing for notice or not, it will be implied into the contract that he is entitled to reasonable notice, failing which, compensation in lieu of notice; otherwise the defaulting union faces an action for damages for a breach of contract. It is however doubtful whether the case is authority for the proposition that the officer is also entitled to a hearing and that if no such opportunity is given, he is entitled to an action for breach of contract, especially where the rules state reasons which may lead to dismissal. Admittedly, the facts of the case are peculiar, since the plaintiff was present at the meeting, but was refused the opportunity to speak. Whereas this attitude of the Executive Committee smacks of their apparent disregard for the basic principles of democracy and freedom of speech, it is not clear in view of the attitude of the common law" that he was entitled to a hearing session, before he could be lawfully dismissed from his post, in the absence of a provision to that effect in the union rule-book, and in the absence of any written law regulating union democracy in the West Indies. If, however, this conclusion is not acceptable, then, the case is one breaking a new ground into the application of the principles of natural justice in circumstances hitherto unknown to the common law."