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A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that contract. When such a repudiation has been accepted by the innocent party then a termination of employment takes place. Such termination does not constitute dismissal (see London v. James Laidlaw & Sons Ltd (1974) IRLR 136 and Gannon v. J. C. Firth (1976) IRLR 415 EAT).

April 17, 1973 Industrial Relations — “Industrial dispute” — New definition not covering dispute between workmen and workmen — Lighterman deliberately allowing trade union membership to lapse — Union endorsing fellow workers' refusal to work with lapsed member — Employers warned of withdrawal of all labour if non‐unionist kept in employment — Employers acquiescing in union policy by sending non‐unionist off work on full pay — Whether warnings to employers “in contemplation or furtherance of an industrial dispute” where no dispute between employers and workers — Whether employers entitled to bring proceedings in tort in High Court if no industrial dispute giving immunity to alleged unlawful threats by union — Whether interlocutory injunction before trial of action appropriate on balance of convenience — Industrial Relations Act, 1971 (c.72), ss. 5(2), 33(3), 132(1), 167(1).

Civil wrongdoings with consequent financial and other loss or damage to employers, employees and third parties may result in the course of various trade union activities. These day to day trade union activities take a variety of forms. The most common ones are inducement of breach of contract, conspiracy, trespass, nuisance, and intimidation. Each of these activities constitutes a tort which, unless the statutory immunities apply, would normally give rise at common law to an action for damages or, as is more frequent, enable the aggrieved party to obtain an injunction.

An Act to amend the law relating to employers and workers and to organisations of employers and organisations of workers; to provide for the establishment of a National Industrial Relations Court and for extending the jurisdiction of industrial tribunals; to provide for the appointment of a Chief Registrar of Trade Unions and Employers' Associations, and of assistant registrars, and for establishing a Commission on Industrial Relations as a statutory body; and for purposes connected with those matters. [5th August 1971]

Talking of newspapers Charles Prestwick Scott said “At the peril of its soul it must see that the supply is not tainted. Neither in what it gives, nor in what it does not give, nor in the mode of presentation, must the unclouded face of truth suffer wrong. Comment is free but facts are sacred.” The aim of this monograph is to adhere as closely as is possible to Mr Scott's opinion. As far as the facts of the proposed legislation are concerned, these will of course be untainted; the commentary which follows from these facts however, being free, proposes to examine and analyse the untainted factual supply.

The purpose of this paper is to explore the impact of mediation on two long-running collective industrial disputes in Ireland using a theoretical framework established in the literature.

The paper presents a detailed qualitative analysis of two disputes. In both cases a panel of mediators was invited to intervene when the established dispute resolution structures and processes had failed and impasse had been prolonged. Each member of the mediation panels, and the lead union representative, was interviewed about their perception of the mediation process and its impact. Interview questions centred around a set of mediation “Outcome Determinants” identified by Wall et al. (2001). Following Wall et al.'s proposal, Lewin's (1951) Force Field Analysis theory is applied as a theoretical lens for understanding the subtle impact of mediation in these cases.

The empirical evidence suggests that while mediation did not lead directly to settlement, it influenced the resolution of these disputes. The disputes were a-typical in that most collective disputes in Ireland are resolved through established industrial relations structures and processes, either at firm level or through State-funded agents/agencies. However, intractable disputes occur periodically and there is an on-going need of this type of specialised ad hoc mediation. The Wall et al. framework combined with Force Field Analysis theory, provide a theoretical lens through which these disputes can be analysed and understood.

An understanding of the nuanced impact of mediation is useful for justifying the continuation of this valuable approach. There is also some scope for predicting the likely impact of mediation in advance of engagement or at least allowing the mediators to explore the status of the Outcome Determinants related to a specific case in order to develop a tailored mediation strategy.

This paper is unique in that it takes an existing theoretical framework and tests its application in two case disputes. The value of the framework is thus highlighted. Further application of the framework to other dispute scenarios would facilitate its development as a tool of understanding and some limited prediction. Mediation in this type of context has not been formally researched before. Public policy and theoretical implications of the work are highlighted in the concluding section.

The purpose of this paper is to examine the capacity for trade unions to mobilise internationally by considering how stevedores in Australia successfully internationalised a major dispute.

The paper reports the findings of a single case study of the “waterfront dispute” of 1998, an industrial dispute in the Australian stevedoring industry which included the mobilisation of unions internationally. This case study is one of the four cases in a PhD research project, which examined international trade union activity in the mining, manufacturing, banking and stevedoring industries. The methodology included semi‐structured interviews with trade union leaders and activists, as well as document analysis, and involved comparative analysis across the four case studies.

Australian stevedores or “wharfies” were well placed to mobilise internationally due to a combination of internal and external factors. In particular, the Maritime Union of Australia's long‐standing support for international causes, largely due to its left‐wing, internationalist politics, resulted in the union gaining significant support from unions internationally. Important external factors included the nature of the stevedoring industry, with its organic link to other industry sectors, combined with the neo‐liberal approach adopted in Australia which also influenced the internationalisation of the union campaign.

The study provides the opportunity to consider capacity for international mobilisation in the stevedoring industry and the contingent nature of international campaigns, with wider implications for union strategies in other industry sectors.

The paper contains an in‐depth analysis of a major dispute in the Australian stevedoring industry and makes a significant contribution to the expanding literature on the internationalisation of union campaigns and union strategy.

The purpose of this chapter is to examine the genesis, operation, and effects of a dispute resolution body known as the National Implementation Body (NIB). The NIB was established by employers, unions, and the State in Ireland and was active between 2000 and 2009. It recorded significant success in resolving major disputes. A distinctive feature of the NIB was its networked character: the body involved key employer and union leaders and senior public servants, who exerted informal pressure on the parties in dispute to reach a settlement either within the NIB process itself or in the State’s mainstream dispute resolution agencies.

The research draws on case studies of disputes and interviews with key members of the NIB.

The findings reveal how the NIB mobilized networks to resolve a series of major disputes that threatened to derail national pay agreements or cause significant economic disruption.

The chapter examines the operation of networked dispute resolution in detail and considers the wider implications of networked dispute resolution in both Continental European and other Anglo-American countries.

February 22, 1973 Industrial relations — Unfair industrial practice — Jurisdiction of High Court — Non‐union lighterman sent home on full pay to avoid threatened strike — National Dock Labour Board's refusal to consent to his dismissal — Alleged conspiracy and unlawful intimidation by union and its officials — Purpose of threatened strike to induce unfair industrial practice by employers against lighterman — Whether “industrial dispute” — Whether “unfair industrial practice” — Whether jurisdiction of High Court retained — Industrial Relations Act, 1971 (c.72), ss. 5(2), 33(3), 132, 167(1).

Examines dispute resolution in Britain and in particular, third‐party intervention, notably conciliation, mediation and arbitration as provided by the Advisory, Conciliation and Arbitration Service (ACAS). Examines the role of industrial tribunals and makes a comparison with arbitration. Draws attention to recent trends in dispute resolution in Britain and in particular the rise in individual conciliation cases as British workers exercise their new found rights under European Union (EU) law. Comments on possible reforms to the system of dispute resolution in Britain.