L.J. Megaw, L.J. Buckley and L.J. Orr
June 6,1973 Vicarious liability — Master and servant — Course of employment — Bus conductor driving bus — Bus blocking path of conductor's and plaintiff driver's bus — Conductor…
Abstract
June 6,1973 Vicarious liability — Master and servant — Course of employment — Bus conductor driving bus — Bus blocking path of conductor's and plaintiff driver's bus — Conductor told by plaintiff to get engineer to move bus — Conductor attempting to move bus himself — Not knowing how to drive bus — Driver injured by conductor's negligent manoeuvre — Express prohibition in bus company's rules against conductors driving buses — Clear separation of duties of drivers and conductors — General duty of conductors to co‐operate with drivers in getting buses into service — Whether bus company vicariously liable for conductor's action — Whether within scope of employment.
Discusses the long existing and confusing problems of establishing the relationship of who is, and who if not, a dependent worker. Reflects developments which have occurred in…
Abstract
Discusses the long existing and confusing problems of establishing the relationship of who is, and who if not, a dependent worker. Reflects developments which have occurred in British law as it affects the employment field, plus an evaluation and analysis of some of the different types of employment relationships which have evolved by examining, where possible, the status of each of these relationships. Concludes that the typical worker nowadays finds himself in a vulnerable position both economically and psychologically owing to the insecurity which exists.
Details
Keywords
In the previous monograph, a discussion took place on what constitutes dismissal and when the termination of the contract of employment takes effect. These two aspects treat the…
Abstract
In the previous monograph, a discussion took place on what constitutes dismissal and when the termination of the contract of employment takes effect. These two aspects treat the first of the statutory qualifications necessary to enable the employee to exercise his right not to be unfairly dismissed, namely that he must first be dismissed.
L.J. Russell, L.J. Salmon and L.J. Megaw
November 14, 1969 Contract — Construction — Supply of gas — Indemnity — Consumers to indemnify gas board against claims for injury or damage “caused by any action … of the…
Abstract
November 14, 1969 Contract — Construction — Supply of gas — Indemnity — Consumers to indemnify gas board against claims for injury or damage “caused by any action … of the consumers, their servants or agents whether arising directly or indirectly out of the supply of any gas or apparatus” — Escape of gas from faulty main — Explosion touched off by act of consumers' employee — Negligence — Board mainly liable v Whether entitled to be indemnified for own negligence.
Edmund Davies, L.J. Megaw and L.J. James
February 27, 1973 Factory — Statutory duty — Fume — Inhalation of low concentrations of oxides of nitrogen over prolonged period — Chronic lung illness — Employers' constructive…
Abstract
February 27, 1973 Factory — Statutory duty — Fume — Inhalation of low concentrations of oxides of nitrogen over prolonged period — Chronic lung illness — Employers' constructive knowledge of health hazard — Medical and other publications — Whether sufficiently indicating health hazard from 1965 onwards — Factories Act, 1961 (9 & 10 Eliz. II, c. 34), s. 63 (1).
L.J. Russell, Edmund Davies and L.J. Megaw
January 27, 1970 Mines Quarry — Dangerous machinery — Moveable bar on tractor — Four‐inch nip when bar fully raised — Tractor being removed from pit by attaching dragline to bar �…
Abstract
January 27, 1970 Mines Quarry — Dangerous machinery — Moveable bar on tractor — Four‐inch nip when bar fully raised — Tractor being removed from pit by attaching dragline to bar — Slip by employee trapping foot in nip — Whether a “dangerous” exposed part of machinery — Whether duty to fence — Dragline not long enough to reach if tractor on level ground — Tractor backed short way up slope of pit — Whether failure to provide longer dragline breach of statutory or common law duty — Mines and Quarries Act, 1954 (2 & 3 Eliz.II, c.70), ss. 82(1), 115.
L.J. Russell, L.J. Salmon and L.J. Megaw
October 27, 1969 Redundancy — Dismissal — Employee loaned to another firm — Employee's insurance and tax documents transferred to other firm without his knowledge — Employee paid…
Abstract
October 27, 1969 Redundancy — Dismissal — Employee loaned to another firm — Employee's insurance and tax documents transferred to other firm without his knowledge — Employee paid by other firm — Whether “dismissal” — Whether employee entitled to terminate contract “by reason of the employer's conduct” — Whether question of law — Redundancy Payments Act, 1965 (c.62), ss. 1, 3 (1) (c).
A distinction has to be drawn between a contract of service or a contract of employment on the one hand and a contract for services on the other. In the former situation the…
Abstract
A distinction has to be drawn between a contract of service or a contract of employment on the one hand and a contract for services on the other. In the former situation the person employed is an employee, (or a ‘servant’ as he is often referred to in case law), in the latter he is an indpendent contractor. The particular requirement of a contract of service is the right of the employer, (or ‘the master’) to have, inter alia, residual control, (which may in some instances be reduced to being a mere formality), over the employee, although as will be examined later, other factors are equally applicable.
M.R. Denning, Edmund Davies and L.J. Megaw
January 28,1971 Trade union — Rules — Discretion conferred on domestic tribunal to approve or disapprove elected shop steward — Committee decision not to endorse elected shop…
Abstract
January 28,1971 Trade union — Rules — Discretion conferred on domestic tribunal to approve or disapprove elected shop steward — Committee decision not to endorse elected shop steward — One of three reasons given erroneous and defamatory of shop steward — Action for declarations and damages — Finding by trial judge that bad reason played no part in committee's decision — Appellate court bound by judge's finding — Whether decision not to approve election within committee discretion.
M.R. Denning, Fenton Atkinson and L.J. Megaw
May 6, 1970 Docks — “De‐casualisation scheme” — Timber loaded on lorries after storage in dock area on removal from ship — Piling of timber at importer's yard “in vicinity of”…
Abstract
May 6, 1970 Docks — “De‐casualisation scheme” — Timber loaded on lorries after storage in dock area on removal from ship — Piling of timber at importer's yard “in vicinity of” Cardiff dock estates — Whether “dock work” — Whether timber still “cargo” — Dock Workers (Regulation of Employment) Act, 1946 (9 & 10 Geo. VI, c. 22), s. 6 — Docks and Harbours Act, 1966 (c. 28), ss. 51(3), 58 — Dock Workers (Regulation of Employment) (Amendment) Order, 1967 (S.I. 1967, No. 1252), Sch. 2, cl. 1 (3) proviso, App. 1.