Search results
1 – 10 of 79Widgery of South, J. MacKenna and J. May
January 31, 1974 National Insurance — Insurable employment — Contract of service or contract for services — Factors for consideration by justices — Skilled workman paid block…
Abstract
January 31, 1974 National Insurance — Insurable employment — Contract of service or contract for services — Factors for consideration by justices — Skilled workman paid block price without deduction of income tax — Company not contributing to national insurance stamp — Defective scaffolding — Whether company liable — Whether workman “employed” — Approach of court — Factories Act, 1961 (9 & 10 Eliz. II, c. 34), s. 155 — Construction (Working Places) Regulations, 1966 (S.I. 1966, No. 94),regs.3(1)(a), 13(4), 28(1).
Discusses the long existing and confusing problems of establishing the relationship of who is, and who if not, a dependent worker. Reflects developments which have occurred in…
Abstract
Discusses the long existing and confusing problems of establishing the relationship of who is, and who if not, a dependent worker. Reflects developments which have occurred in British law as it affects the employment field, plus an evaluation and analysis of some of the different types of employment relationships which have evolved by examining, where possible, the status of each of these relationships. Concludes that the typical worker nowadays finds himself in a vulnerable position both economically and psychologically owing to the insecurity which exists.
Details
Keywords
A distinction has to be drawn between a contract of service or a contract of employment on the one hand and a contract for services on the other. In the former situation the…
Abstract
A distinction has to be drawn between a contract of service or a contract of employment on the one hand and a contract for services on the other. In the former situation the person employed is an employee, (or a ‘servant’ as he is often referred to in case law), in the latter he is an indpendent contractor. The particular requirement of a contract of service is the right of the employer, (or ‘the master’) to have, inter alia, residual control, (which may in some instances be reduced to being a mere formality), over the employee, although as will be examined later, other factors are equally applicable.
January 27, 1967 Master and servant — Maintenance of suit — Trade union's paid officials — Defamation action — Circular to union members containing allegations that officials…
Abstract
January 27, 1967 Master and servant — Maintenance of suit — Trade union's paid officials — Defamation action — Circular to union members containing allegations that officials unfit to be employed by union — Legal assistance to officials for libel actions out of union funds — Whether maintenance — No express power in union rules — Express provision for payment of legal assistance confined to subscribing members — Whether reasonable for good employer to support litigation — Whether implied power to support officials' litigation.
November 10, 1969 Building — Safety regulations — Applicability — Safe means of access and egress — Building site occupied by main contractor — Unusually encumbered by plant and…
Abstract
November 10, 1969 Building — Safety regulations — Applicability — Safe means of access and egress — Building site occupied by main contractor — Unusually encumbered by plant and machinery — Suspended cable left by employee of main contractor — Injury to workman employed by independent scaffolding contractors — Liability of main contractor as occupier — Liability of independent contractor to own workman — Whether bound by safety regulations — Indemnity — Independent contractors to indemnify main contractors for “any liability… arising… in respect of personal injuries by reason of any act, default, or omission on our part…” — Construction (Working Places) Regulations, 1966 (S.I. 1966, No. 94), regs. 2(1), 3(1), 6(1).
December 8, 1967 National Insurance — Insurable employment — Owner driver — Contract for carriage of company's cement — Declaration that owner driver independent contractor …
Abstract
December 8, 1967 National Insurance — Insurable employment — Owner driver — Contract for carriage of company's cement — Declaration that owner driver independent contractor — Payment on mileage basis — Exclusive provision of vehicle for company's deliveries — Compliance with company's rules — Whether contract of service or for services — Relevance of ownership of assets and opportunity for profit or loss — Whether owner driver “employed person” — Whether contract of carriage — National Insurance Act, 1965 (13 & 14 Eliz. II, c.51), ss.1(2). 3(b).
M.R. Denning, L.J. Danckwerts and L.J. Winn
June 16, 1967 Master and Servant — Maintenance of suit — Trade union's paid officials — Defamation action — Union's legal assistance to officials for libel action — Whether…
Abstract
June 16, 1967 Master and Servant — Maintenance of suit — Trade union's paid officials — Defamation action — Union's legal assistance to officials for libel action — Whether maintenance — No express power to pay officials' costs in union rules — Whether fairly ancillary to work of servants and business of union.
Flavio Morales-Ríos, Aldo Alvarez-Risco, Sarahit Castillo-Benancio, Maria de las Mercedes Anderson-Seminario, Shyla Del-Aguila-Arcentales and Marc A. Rosen
Latin American countries must prioritize energy efficiency and renewable energies in their energy policies. This has been debated for the past few decades. However, it is…
Abstract
Latin American countries must prioritize energy efficiency and renewable energies in their energy policies. This has been debated for the past few decades. However, it is impossible to deny that energy efficiency and renewable energies have significant potential to mitigate the adverse effects of ever-increasing energy consumption induced by economic growth and the transformation of societies toward more energy-intensive models. This chapter identifies how sustainable energy policies could be considered successful in various Latin American economies through an active review and comparison of traditional energy models and their transition and respective consequences. The chapter concludes that there are national energy plans in countries in the region with a sustainable approach, and that clean energy and renewable sources have great potential. But it is also concluded that there is still a long way to go concerning legislation and legal frameworks.
Details
Keywords
In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…
Abstract
In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.
The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…
Abstract
The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides: