Abstract
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. 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 �…
Abstract
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.
Abstract
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)
Abstract
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).
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…
Abstract
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.
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…
Abstract
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).
Parker of, J. Widgery and J. Chapman
November 30, 1967 Master and Servant — Dismissal — Redundancy — Calculation of payment — National agreement providing for 41 hour working week in road haulage business — Local…
Abstract
November 30, 1967 Master and Servant — Dismissal — Redundancy — Calculation of payment — National agreement providing for 41 hour working week in road haulage business — Local agreement providing for 68 hour working week for shunters — Whether basis of calculation of redundancy payments 41 or 68 hour week — Evidence whether employees drivers or shunters — Evidence that local agreement contractually binding — Evidence later admitted that local agreement not intended to be contractually binding — Whether later evidence on local agreement wrongly admitted — Whether National agreement varied by local agreement — Contracts of Employment Act, 1963 (11 and 12 Eliz II, C.49), Sched.2, para. 1(1), (2) — Redundancy Payments Act, 1965 (13 and 14 Eliz. II, c.62), s.1(1), Sch. I, para. 5(1) — Wages Regulation (Road Haulage) Order, 1966 (S.I. 1966. No. 554).
Parker of, J. Ashworth and J. Donaldson
March 9, 10, 1970 Redundancy — Calculation of payment — Normal working hours — National agreement providing for remuneration based on shifts for a five‐day week — Provision for…
Abstract
March 9, 10, 1970 Redundancy — Calculation of payment — Normal working hours — National agreement providing for remuneration based on shifts for a five‐day week — Provision for district or local arrangements to be negotiated “forthwith” for working additional shifts — Mineworker emloyed for 20 years as continuous shiftman on seven‐day week — Whether presumption that additional shifts arrangements made covering colliery or district in which situated — Continuity of operations ceasing — Employee working and paid for five‐day week — Whether consensual variation of contract of employment to be inferred — Contracts of Employment Act, 1963 (11 & 12 Eliz. II, c. 49), Sch. 2, para. 1 — Redundancy Payments Act, 1965 (c. 34), s. 1(1), Sch. 2(5)
Parker of, J. Waller and J. Swanwick
June 5, 1967 Master and Servant — Redundancy — Redundancy payment — Calculation — “Normal working week” — “Normal working hours” — Variable hours of overtime — Whether to be taken…
Abstract
June 5, 1967 Master and Servant — Redundancy — Redundancy payment — Calculation — “Normal working week” — “Normal working hours” — Variable hours of overtime — Whether to be taken into account — Whether overtime compulsory — Redundancy Payments Act, 1965 (13 & 14 Eliz.11, c. 62), Sch.1, para. 5 — Contracts of Employment Act, 1963 (11 & 12 Eliz.II, c.49), Sch.2, paras.1(1), 3(1).
Abstract
November 26, 1969 Revenue — Selective employment tax — Premium — Manufacturers of prefabricated buildings — “Establishment” — Sites for erection of buildings — Evidence restricted to one test site — Varying numbers of workers some employed ad hoc — Two year period — Hut used for discussion and study of plans — Overall control with manufacturers — Whether employment on sites “in, or carried out from, an establishment” — Whether sites separate establishments — Selective Employment Payments Act, 1966 (c. 32), s. l(2)(a).