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In a previous monograph a discussion took place on the implied terms at common law which were connected with the employer's duties. It is now proposed to consider the obligations of the employee which are implied by the common law. A discussion and an analysis is proposed of each of the following common law implied duties, namely a duty of care by the employee in carrying out his work; a duty of fidelity where an evaluation of its various aspects will take place and a duty of obedience. The employee's inventions and discoveries will then be treated.

A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that contract. When such a repudiation has been accepted by the innocent party then a termination of employment takes place. Such termination does not constitute dismissal (see London v. James Laidlaw & Sons Ltd (1974) IRLR 136 and Gannon v. J. C. Firth (1976) IRLR 415 EAT).

June 13,1972 Industrial Relations — Unregistered trade union — Unpaid shop stewards elected by fellow members with union authority to negotiate at local level with dock employers — Shop stewards initiating campaign of blacking container lorries after blacking by unregistered union knowingly inducing breaches of contract made “unfair industrial practice” by statute — Industrial Court orders to union to stop specified blacking — Union advice to shop stewards to obey court orders rejected — Court finding union in contempt and liable to fines and to compensate complainants for unfair industrial practices — Shop stewards agents, not servants of union — Whether evidence of implied authority from union to agents to black — Union not responsible for conduct of shop stewards acting outside scope of express or implied authority — Industrial Relations Act, 1971 (c.72) ss. 96(1), 101,167(1) (9).

October 19, 1971 Insurance — National Insurance contributions — Employer's liability — Employer a “body corporate” — Failure by limited company to pay contributions in respect of employees — Conviction and order for payment of arrears — Company in voluntary liquidation — Failure to satisfy order — Claim against former managing director — Not a director at date of magistrates' order — Whether liable — National Insurance Act, 1965 (c.5l) ss.8(2), 95(3) (8).

May 8, 1972 Master and Servant — Redundancy — Redundancy payment — Continuity of employment — Transfer of trade or business — Sale of factory and equipment to new employers — Transfer of labour force — No assignment of goodwill or transfer of customers or benefits of contracts — Whether “trade or business … transferred … to [new employers]” — Contracts of Employment Act, 1963 (c.49), Sch. 1 para. 10(2) — Redundancy Payments Act, 1965 (c.62), s.l(l),(2), Sch. 1 para. 1(1).

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).

May 19, 1972 Industrial Relations — Industrial dispute — Emergency provisions — “Irregular industrial action” — Work to rule on railways — “Concerted course of conduct … by a group of workers” — Whether in “breach of their contracts of employment” — Industrial Relations Act, 1971 (c.72), ss. 33(4), 138(1) (2), 139(1) (4), 141(1) (2), 142(1), 143(1) (2). Master and Servant — Contract of service — Effect of railway work to rule disrupting services — Whether in breach of contract — Industrial Relations Act, 1971, s. 33(4).

May 7, 1974 Iron and Steel — Reorganization — Resettlement compensation — Report to the Minister recommending reorganization — Industry reorganized consequent on report — Recession in industry — Closure of mills — Employees suffering loss of employment — Whether loss of employment “in consequence of a relevant event” — Whether employees entitled to resettlement compensation — Iron and Steel (Compensation to Employees) Regulations, 1968 (S.I. 1968, No. 1170).

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

February 19, 1974 National Insurance — Industrial injuries benefit — Disablement benefit — “Finality” of medical decisions — Workman injuring knee — Successive assessments by medical boards and medical appeal tribunals relating to specific periods — Third medical board awarding 50 per cent benefit for life — Third medical appeal tribunal accepting surgeon's report suggesting malingering and discharging assessment — Whether medical decisions final when made for specific periods — Whether proceedings contrary to natural justice or made without due inquiry — National Insurance (Industrial Injuries) Act, 1965 (c.52) s.50(l) — National Insurance (Industrial Injuries) (Determination of Claims and Questions) No. 2 Regulations, 1967 (S.I. 1967 No. 1571), regs. 12,19(2).