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Article
Publication date: 1 April 1986

J.R. Carby‐Hall

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…

Abstract

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.

Details

Managerial Law, vol. 28 no. 4
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 November 1973

Edmund Davies, L.J. Stamp and L.J. Stephenson

July 6, 1973 Factories — Eyes — Protective equipment — Whether “suitable” goggles “provided” — Whether compliance with statutory duty excludes employers' common law duty of care …

Abstract

July 6, 1973 Factories — Eyes — Protective equipment — Whether “suitable” goggles “provided” — Whether compliance with statutory duty excludes employers' common law duty of care — Duty of employers at common law — Non‐Ferrous Metals (Melting and Founding) Regulations, 1962 (S.I. 1962 No. 1667) reg. 13(1) (c),(4).

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Managerial Law, vol. 15 no. 2
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 May 1972

M.R. Denning, L.J. Salmon and L.J. Stamp

November 10, 1971 Master and Servant — Contract of employment — Repudiation — Employers' invalid notice of termination — Not accepted by employee — Effect on contract — Whether…

Abstract

November 10, 1971 Master and Servant — Contract of employment — Repudiation — Employers' invalid notice of termination — Not accepted by employee — Effect on contract — Whether employers restrainable by injunction — Effect of Industrial Relations Act, 1971 (c.72).

Details

Managerial Law, vol. 12 no. 2
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 September 1974

Edmund Davies, L.J. Stamp and L.J. Scarman

Damages — Loss of future earnings — Assessment of — Domestic worker injured in fall at work — Injury to shoulder and right arm resulting in partial permanent disability — No…

Abstract

Damages — Loss of future earnings — Assessment of — Domestic worker injured in fall at work — Injury to shoulder and right arm resulting in partial permanent disability — No immediate loss of earnings — Employers' undertaking to retain in employment — Risk of future unemployment — Factors to be taken into account in assessing damages.

Details

Managerial Law, vol. 17 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 January 1972

L.J. Davies, L.J. Sachs and L.J. Stamp

March 26; 1971 Negligence — Master and servant — Press operator — Scrap material lying on floor near press — Whether satisfactory system for removing scraps from floor.

Abstract

March 26; 1971 Negligence — Master and servant — Press operator — Scrap material lying on floor near press — Whether satisfactory system for removing scraps from floor.

Details

Managerial Law, vol. 11 no. 4
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 April 1972

L.J. Davies, Edmund Davies and L.J. Stamp

June 10, 1971 Negligence — Burden of proof — Res ipsa loquitur — Whether necessary to plead‐Accident during course of employment — Workman injured by fall of heavy panels — Action…

Abstract

June 10, 1971 Negligence — Burden of proof — Res ipsa loquitur — Whether necessary to plead‐Accident during course of employment — Workman injured by fall of heavy panels — Action against employer — Allegation that workmen moving panels caused or permitted them to fall — No alternative explanation — Applicability of doctrine of res ipsa loquitur — Damages — Agreed continuing annual loss — Dispute as to total sum awarded — Basis of calculation to be disclosed to court.

Details

Managerial Law, vol. 12 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 March 1974

M.R. Denning, L.J. Stamp and L.J. Scarman

November 6, 1973 Industrial Relations — Unfair dismissal — Complaint — Time limit — Notice of dismissal terminating employment immediately — Salary paid to end of month plus one…

Abstract

November 6, 1973 Industrial Relations — Unfair dismissal — Complaint — Time limit — Notice of dismissal terminating employment immediately — Salary paid to end of month plus one month's salary in lieu of notice — Whether employment terminated immediately or at end of month — Whether practicable for complaint to be presented within four week period — Industrial Relations Act, 1971 (c.72), s. 23(5) — Industrial Tribunals (Industrial Relations, etc.) Regulations, 1972 (S.I.1972 No. 38), Sch., r. 2(1).

Details

Managerial Law, vol. 16 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 June 1986

J.R. Carby‐Hall

The purpose of this monograph is to examine the various ways in which the contract of employment may be terminated at common law other than by the common law of wrongful dismissal…

Abstract

The purpose of this monograph is to examine the various ways in which the contract of employment may be terminated at common law other than by the common law of wrongful dismissal or statutory unfair dismissal and redundancy. Wrongful dismissal has already been discussed in another monograph and unfair dismissal and redundancy will feature in a subsequent one.

Details

Managerial Law, vol. 28 no. 6
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 July 1972

M.R. Denning, L.J. Megaw and L.J. Stamp

March 22, 1972 Building and Construction — Working places regulations — Main contractor in occupation of motorway site — Subcontractors' employee injured by fall on path used as…

Abstract

March 22, 1972 Building and Construction — Working places regulations — Main contractor in occupation of motorway site — Subcontractors' employee injured by fall on path used as alternative means of access to and egress from working place — Whether main contractor capable of being liable to subcontractors' employee for damages for breach of regulation relating to safe access — Whether under duty to comply with “such requirements” of safe access regulation “as affect him…” to cover subcontractors' employees — Whether duty extended by addition of two words in regulation — Conflicting decision on scope of amended regulation resolved — Construction (Working Places) Regulations, 1966 (S.I. 1966 No. 94) regs. 3(1) (a) (b), 6(1) — Factories Act, 1961 (9 & 10 Eliz. II, c 34) s.76(2).

Details

Managerial Law, vol. 12 no. 4
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 February 1972

L.J. Davies, L.J. Karminski and L.J. Stamp

June 25, 1971 Factory — Dangerous machinery — Capstan lathe — Danger caused by tool used to adjust jig — Jig not fenced — Accident occurring whilst jig being tightened — Whether…

Abstract

June 25, 1971 Factory — Dangerous machinery — Capstan lathe — Danger caused by tool used to adjust jig — Jig not fenced — Accident occurring whilst jig being tightened — Whether tool part of machine — Whether duty to fence — Factories Act, 1961 (9&10 Eliz. II,c.34),s. 14(1).

Details

Managerial Law, vol. 11 no. 5
Type: Research Article
ISSN: 0309-0558

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