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1 – 10 of over 8000Phillips, 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.
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).
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).
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.
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.
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.
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).
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.
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).
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).