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Phillips, J. has drawn the distinction between wrongful dismissal at common law and unfair dismissal under statute. He points out the considerable difference which exists between the position at common law and the position under statute. “The common law” he says “is concerned merely with the contractual relationship between the parties, whereas a complaint of unfair dismissal…is concerned with the statutory right of an employee not to be unfairly dismissed.” There thus exists a fundamental difference between the two concepts, both of which are in their different circumstances important. In this monograph, it is proposed to treat the common law of wrongful dismissal. Statutory unfair dismissal will be the subject of discussion in a future monograph.

In the last monograph an attempt was made at giving a short historical background of the trade union movement; at defining a trade union; at discussing the closed shop and at looking towards its future.

June 26, 1970 Master and Servant — Breach of statutory duty — Unfenced hatch on ship — Fall by workman — Workman negligent in entering unlighted compartment — Proper apportionment of liability where continuous breach of statutory duty by employer — Workman seriously injured — Differing “agreed” medical reports — Duty of judge to call for oral evidence.

March 26, 1969 Damages — Personal Injuries — Quantum — Epilepsy — Epileptic subject — Almost 50/50 chance of recurring attacks — Appropriate sum — Agreed medical reports — Desirability of calling medical witnesses to assist court

March 13, 1968 Damages — Personal injuries — Quantum — Sense of smell, loss of — Appropriate sum.

April 24, 1967 Master and Servant — Vicarious liability — Scope of employment — Customer's five ton vehicle blocking access to warehouse — Driver of fork lift truck's inability to gain access — Attempted removal of five ton lorry by driver of truck — Accident to fellow employee — Whether in course of employment — Liability of employers.

October 5, 1972 Factory — Statutory duty — Breach by employer — Meat slicing machinery — Finger injuries — Guard provided by employer habitually not used — Guard not used by manager in slicing operation continued by employee — Contributory negligence by employee — Proper apportionment of liability where continuous breach of statutory duty by employer — Proper award for finger injuries — Factories Act, 1961 (9 & 10 Eliz. II, c. 34) s. 14(1).

March 14, 1968 Building — Safety regulations — Application — Painters engaged in cleaning and dusting prior to painting — Fall from unlashed ladder — Breach of regulation 29(4), if regulations applicable — Whether dusting included in operation of “redecoration” — Building (Safety, Health and Welfare) Regulations, 1948 (S.I. 1948, No.1145), reg.2(1).

The original legislation which introduced the redundancy payments scheme was the Redundancy Payments Act 1965. This was the first of the substantive statutory individual employment rights given to an employee; other individual employment rights, as for example, the right not to be unfairly dismissed, followed some years later. The Redundancy Payments Act 1965 has been repealed and the provisions on redundancy are now to be found in the Employment Protection (Consolidation) Act 1978.

February 28, 1968 Factory — Lighting — “Sufficient and suitable” — Effective lighting provided — Lighting not switched on — Whether breach of statutory duty — Roadway 30 feet wide — Whether “passage” or “gangway” — Factories Act, 1961 (9 & 10 Eliz.II, c.34), ss.5(1), 28(1).