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May 23, 1968 Redundancy — Dismissal — “Work of a particular kind at the place where … so employed” — Complex of factories — Employer's contractual right to transfer employees to other jobs — Closure of particular plant and erection of new plant using fewer employees — Unavailability of work at closed plant to employee after 10 years — Process worker — No redundancy of process workers at same factory complex — Employee's refusal of transfer to any job offered to him — Whether subsequent dismissal “by reason of redundancy” — Redundancy Payments Act, 1965 (c.62), s. 1(1)(a). 1(2)(b).
Parker of, J. Ashworth and J. Shaw
December 2, 1970 Redundancy — Calculation of payment — “Normal working hours” — Consensual variation of contract of employment — Implication by conduct — Workman employed under…
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December 2, 1970 Redundancy — Calculation of payment — “Normal working hours” — Consensual variation of contract of employment — Implication by conduct — Workman employed under contract of employment subject to national agreement — 40 hour week in five eight‐hour shifts — Subsequently told to work five 12‐hour shifts — No express mutual variation of contract — Natural inference to be drawn from working 12‐hour shifts thereafter for six years — Whether normal working hours increased — Contracts of Employment Act, 1963 (11 & 12 Eliz. II, c. 49) Sch. 1, para. 1(1) (2).
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June 30, 1969 Redundancy — Dismissal — “Offer of suitable employment” — Offer of employment elsewhere at different terms — “Suitable employment” — Chargehand shipwright offered employment as shipwright at other dockyard — Whether contract substantially equivalent to terminated contract — Whether “suitable employ‐ment” — Whether question of fact and degree for tribunal — When court will interfere — Redundancy Payments Act, 1965 (c.62), s. 2(4).
Fenton Atkinson, L.J. Karminski and Gordon Willmer
October 24, 1969 Factory — Statutory duty — Dangerous machinery — Dangerous combination of machinery and material — Danger arising from “nip” between moving work‐piece and…
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October 24, 1969 Factory — Statutory duty — Dangerous machinery — Dangerous combination of machinery and material — Danger arising from “nip” between moving work‐piece and stationary bar — Automatic cooling device — Danger arising from coolant applied by hand — Practice known to employers — Whether foreseeable — Whether duty to fence — Factories Act, 1961 (9 & 10 Eliz. II, c. 34), s. 14(1).
Parker of, J. Widgery and J. Waller
July 13, 1967 Revenue — Selective employment tax — Sub‐contractors supplying manufacturer with metal blanks — Sheet metal bought from general stockists — Metal cut to…
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July 13, 1967 Revenue — Selective employment tax — Sub‐contractors supplying manufacturer with metal blanks — Sheet metal bought from general stockists — Metal cut to manufacturers' precise specifications — Whether sub‐contractors “dealers” engaged in “Distributive trades” — Whether “Manufacturing Activities” — Whether “Metal industries” — Selective Employment Payment Act, 1966 (c. 32), s.1(2)(a), (b) — Standard Industrial Classification Orders IX, XVI, XX.
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December 10, 1969 Master and Servant — Redundancy — Dismissal — “Offer of suitable employment” — Offer at certain grade made in writing — Employer's refusal to guarantee in writing nature of work within grade — Whether “particulars specified in … offer” — Whether refusal of offer of employment “unreasonable” — Redundancy Payments Act, 1965 (c. 62), s. 2(4)
Parker of, J. Ashworth and J. Willis
December 11, 1968 National Insurance — Industrial injuries benefit — Disablement benefit — Functions of statutory and medical authorities — Industrial accident — Medical…
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December 11, 1968 National Insurance — Industrial injuries benefit — Disablement benefit — Functions of statutory and medical authorities — Industrial accident — Medical authorities finding injury different from injury found by local insurance officer — Whether estoppel arising — “Decision… shall be final” — National Insurance (Industrial Injuries) Act, 1965 (c.52), ss.ll(l), 12(1) — National Insurance Act, 1965 (c.51), s.75.
Parker of, J. Widgery and J. O'Conner
November 25, 1966 Master and servant — Dismissal — Redundancy — Employee warned that department closing down and services not required after closure — Date for closure not fixed …
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November 25, 1966 Master and servant — Dismissal — Redundancy — Employee warned that department closing down and services not required after closure — Date for closure not fixed — Offer to find employee alternative employment elsewhere — Employee finding other employment before closure — Notice given to employers to determine employment — Whether employee entitled to redundancy payment — Whether “dismissed” — Redundancy Payments Act, 1965, (c.62), ss. 1,3.
Parker of, Melford Stevenson and J.J. Willis
May 1,1969 Redundancy — “Offer of suitable employment” — Headmaster — Dismissal — Offer of employment at same salary in mobile pool of teachers — Whether “suitable” employment …
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May 1,1969 Redundancy — “Offer of suitable employment” — Headmaster — Dismissal — Offer of employment at same salary in mobile pool of teachers — Whether “suitable” employment — Whether “unreasonably refused” — Redundancy Payments Act, 1965 (c. 62), ss. l(2)(a), 2(4)
Parker of, J. Ashworth and J. Shaw
October 27, 1969 Industrial Training — Industrial training levy — Hotel and Catering Board — Company limited by guarantee — Association of freemasons — Objects including…
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October 27, 1969 Industrial Training — Industrial training levy — Hotel and Catering Board — Company limited by guarantee — Association of freemasons — Objects including establishment and maintenance of club — Whether a “Members' club” or company managing a proprietary club — Test — Matter of fact and degree in every case — Industrial Training Act, 1964 (c. 16), ss. 1 (1), 4 (1) — Industrial Training (Hotel and Catering Board) Order, 1966 [S.I. 1966 No. 1347], art. 2, Sch. I, paras. 1 (a), 3 (c) (i) (ii), (d).