Search results

October 21, 1970 Factory — Dangerous machinery — Dangerous combination of machinery and material — Danger arising from “nip” between moving workpiece and imperceptibly moving boring bar — Automatic cooling device — Coolant applied by hand — Practice known to employers — Workman's hand caught in “nip” — Whether duty on employers to fence boring bar — Whether dangerous part of machinery — Danger of accident foreseen by employers — Whether foreseeable — Workman unable to establish exactly how accident happened — Materiality — Factories Act, 1961 (9 & 10 Eliz. II, c.34), s.14 (1).

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).

October 13, 1970 Redundancy — Redundancy payment — Entitlement — Apprentices — Deeds of apprenticeship making apprenticeships assignable — Apprentices serving three masters during five‐year period — Whether “continuously employed” — Meaning — Redundancy Payments Act, 1965 (c.62), ss.1(1), 8 (1) (2) — Contracts of Employment Act, 1963 (c.49), Sch. 1, para. 10(1).

May 2, 1969 Master and Servant — Wrongful dismissal — Trade union member — Contract of employment incorporating agreement between employers' association and union — Employers' association terminating agreement by notice to union district delegate — Effect on contract of employment between union member and employer — Whether contract of employment terminated.

May 6, 1970 Docks — “De‐casualisation scheme” — Timber loaded on lorries after storage in dock area on removal from ship — Piling of timber at importer's yard “in vicinity of” Cardiff dock estates — Whether “dock work” — Whether timber still “cargo” — Dock Workers (Regulation of Employment) Act, 1946 (9 & 10 Geo. VI, c. 22), s. 6 — Docks and Harbours Act, 1966 (c. 28), ss. 51(3), 58 — Dock Workers (Regulation of Employment) (Amendment) Order, 1967 (S.I. 1967, No. 1252), Sch. 2, cl. 1 (3) proviso, App. 1.

November 27, 1968 Factory — Statutory duty — Onus of proof — Duty to keep place of work safe — Welder's fall from ladder in factory — Ladder slipped — Welder sole witness at trial — Whether ladder safe — Whether for employers to proof safe “so far as is reasonably practicable” — Whether breach of duty established — Factories Act, 1961, (9 & 10 Eliz.II,c.34),s.29(l).

October 15, 1970 Industrial Training — Industrial training levy — Hotel and catering industry — Statutory Order including in scope of activities “supply… of food and drink to persons for immediate consumption” — Food and drink supplied to intermediary for consumption by other persons — Company supplying prepared meals to airlines — Consumed by passengers at mealtimes — Whether “immediate consumption” — Whether company engaged in “activity” within scope of Order — Whether levy properly imposed — Industrial Training Act, 1964 (c.16), s.4(l) — Industrial Training (Hotel and Catering Board) Order, 1966 (S.1. 1966, No. 1347), Sch. 1, para. 1(a) — Industrial Training Levy (Hotel and Catering) Order, 1968 (S.I. 1968, No. 921), para. 2(1) (h) (i).

November 26, 1969 Building — Safety regulations — Applicability — Regulation providing that support to be given “Where work cannot safely be done… from part of a building” — Further regulation providing for safety belts in special circumstances — Steel erector working astride girder — Girder part of permanent structure — Fall in course of bolting beam to stanchion — Whether safe place of work — Whether breach by employer of regulations — Construction (General Provisions) Regulations, 1961 (S. 1. 1961, No. 1580), regs. 7(2) and 54.

October 9, 1970 Master and Servant — Redundancy — Dismissal — Ill health — Union's letter re. redundancy — Whether “notice” of claim — Construction — Redundancy Payments Act, 1965 (c.62),s.21.