The Gazette 1980

GAZETTE

JULY AUGUST 1980

33. One must remember that s.5(2) of the UDA, 1977, does not involve a conclusive presumption of unfairness and contrast this with the stark exclusion of jurisdiction found in s.62 of the EPCA, 1978. 34. | 1978] ICR 347. 35. Stock v. Frank Jones (Tipton) Ltd. 11978] ICR 347. 36. Ways of neutralising the decision are suggested by Collins in (1979) Industrial Law Journal, 109 '10. 37. | 1977] ICR 725. 38. Cruikshank's case is perhaps unique in that someone allegedly had to be dismissed and the choice was between strikers, returned strikers, and those who had stayed at work. It may not have been unreasonable to select strikers over workers who remain but this is no argument for suggesting that it is reasonable to dismiss a person who has been on strike. 39. 11976] 3 All E.R. 384. See also a different problem which arose in Edwards & Others v. Cardiff City Council 11979] IRLR 303. 40. [1980] 1 All E.R. 556. 41. | 19781 IRLR 483. 42. | 1979] IRLR 103, 105 (EAT). On the facts before the EAT it was held that there was no evidence that the strike had been engineered by the employers in order to get rid of the employees. 43. I 1977] Q.B 284; 119771 ICR 61; 11976] 3 WLR 901; I 19771 1 All ER 775. 44. See page 121 above. 45. An underlying problem of such legislative treatment is that industrial action is equated with ordinary misconduct at work. The analogy with individual fault is no longer credible in a society which recognises the legitimacy of industrial action in pursuance of a fair standard of living and job security. The appropriate rules governing management discretion in disciplining the workforce in the ordinary course of production are not suitable for deciding what economic sanctions should be permitted to both sides during industrial conflict. The principal defect in the current law is that it puts jobs at stake every time there is a strike or lock-out.

Michaelmas Law Term ANNUAL SERVICES

All members of the Legal Profession are invited to attend the Michaelmas Law Term Annual Services —

ON MONDAY, 6 OCTOBER, 1980 at ST. MICHAN'S CHURCH, HALSTON STREET, DUBLIN, at 10.00 a.m.

ST. MICHAN'S CHURCH, CHURCH ST.., DUBLIN, at 10.15 a.m.

and afterwards are invited by kind invitation of the Benchers of the Honorable Society in Kings Inns to Coffee at the Inns, at 11 o'clock. Please note that no individual written invitations are being sent to members.

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Contact Donal Byrne at (01) 785066. Or ask us to keep you in touch with the market through our daily or weekly quotation service. Griffin House, Wilton Terrace, Dublin 2. Tel: (01) 785066/761672/766694. Telex: 4403

89/90 South Mall, Cork. Tel: (021) 504559/506835 Northern Bank Finance Corporation Limited i is a member ot the Midland Bank Group with assets exceeding £20.000 million and haspull Trustee status

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