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1 – 10 of 71Widgery 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).
Widgery of South, Melford Stevenson J. and Kenneth Jones J.
National insurance — Industrial injuries benefit — Injury ‘arising out of and in the course of employment’ — Peripatetic employee ceasing employment at one place of employment …
Abstract
National insurance — Industrial injuries benefit — Injury ‘arising out of and in the course of employment’ — Peripatetic employee ceasing employment at one place of employment — Injury sustained while proceeding to next place of employment — Whether entitled to industrial injury benefit — Whether injury ‘arising out of and in the course of employment’.
Widgery of South, Melford Stevenson J. and J. Milmo
July 26, 1972 National insurance — Industrial injuries benefit — Disablement benefit — Special hardship allowance — Claimant injured in industrial accident — Return by claimant to…
Abstract
July 26, 1972 National insurance — Industrial injuries benefit — Disablement benefit — Special hardship allowance — Claimant injured in industrial accident — Return by claimant to pre‐accident work — Subsequent aggravation of injuries compelling claimant to give up work — Refusal by Commissioner of claim for special hardship allowance for period between giving up of work and claim — Commissioner's decision that no reasonable cause shown for failing to claim within statutory period — Whether information by insurance clerk at time of resumption of work that no special hardship entitlement a reasonable cause — National Insurance (Industrial Injuries) Act, 1965 (c.52) s.14(1) — National Insurance (Industrial Injuries) (Claims and Payments) Regulations, 1964 (S.I. 1964 No.73).
Widgery of South, J. Ashworth and J. Willis
December 15 and 18, 1972 Farm — Contract of employment — Contract of service or contract for services — Relief worker sent by farm agency injured by negligence of farm manager …
Abstract
December 15 and 18, 1972 Farm — Contract of employment — Contract of service or contract for services — Relief worker sent by farm agency injured by negligence of farm manager — Whether relief worker a ‘worker’ — The Agriculture (Safety, Health and Welfare) Provisions Act, 1956 (c.49), ss.14 (1), (3), 24 (1) — Agriculture (Field Machinery) Regulations, 1962 [S.I. 1962 No. 1472], reg. 3 (1).
Widgery of South, J. Ashworth and J. Bridge
November 15, 1971 National Insurance — Employee's card not fully stamped — Duty to disclose name and address of employer — National Insurance Act, 1965 (c. 51), s. 90.
Widgery of South, J. Bridge and J. Shaw
October 6, 1971 Master and Servant — Redundancy — Redundancy payment — Dismissal — Renewal of contract or re‐engagement — Change in ownership of business — “Offer in writing” of…
Abstract
October 6, 1971 Master and Servant — Redundancy — Redundancy payment — Dismissal — Renewal of contract or re‐engagement — Change in ownership of business — “Offer in writing” of re‐engagement contained in several documents — Final document did not expressly refer to all earlier documents — Whether earlier documents could be incorporated by necessary inference — Redundancy Payments Act, 1965 (c. 62), ss. 3(2) (b), 13 (2).
Widgery of South, J. Bridge and J. May
October 5, 1973 Industrial Training — Industrial training levy — Road transport industry — Company providing haulage mainly outside Great Britain — Liability for levy — Company…
Abstract
October 5, 1973 Industrial Training — Industrial training levy — Road transport industry — Company providing haulage mainly outside Great Britain — Liability for levy — Company disputing liability — Whether company engaging “mainly in activities not being road transport activities' — Industrial Training Act, 1964 (c.16), s.12(2) — Industrial Training (Road Transport Board) Order, 1969 (S.I. 1969, No. 879), Sch. para. 1(b), 2(a)(i) — Industrial Training Levy (Road Transport) Order, 1971 (S.I.1971, No. 1049), art. 2(1)(o), 3(1).
Widgery of South, Melford Stevenson J. and J. Brabin
November 13, 1972 National Insurance — Disablement benefit — Dermatitis — Medical appeal tribunal's finding of dermatitis wholly constitutional in origin set aside as incompatible…
Abstract
November 13, 1972 National Insurance — Disablement benefit — Dermatitis — Medical appeal tribunal's finding of dermatitis wholly constitutional in origin set aside as incompatible with finding of industrial dermatitis by insurance officer when dealing with claim for injury benefit — Whether decision of second medical appeal tribunal varying decision of first tribunal included statement of reasons for decision including findings on all material questions of fact as required by Regulation 12 (1) of the National Insurance (Industrial Injuries) (Determination of Claims and Questions) No. 2 Regulations, 1967 (S. I. 1967 No. 1571).
June 9, 1971 National Insurance — Insurable employment — Contract of service or contract for services — Factors for consideration by Minister — Drivers of earth moving machines…
Abstract
June 9, 1971 National Insurance — Insurable employment — Contract of service or contract for services — Factors for consideration by Minister — Drivers of earth moving machines owned by employers — Appeal from Minister's decision — Approach of court — Whether for court to weigh again factors balanced by Minister — National Insurance Act, 1965 (13 & 14 Eliz. II, c. 51), s. 1 (2)(a).
March 16, 1970 Negligence — Duty of care — Damage to electric cable by workmen building wall on road — Resulting power failure in near‐by factory — Damage to plant and machinery…
Abstract
March 16, 1970 Negligence — Duty of care — Damage to electric cable by workmen building wall on road — Resulting power failure in near‐by factory — Damage to plant and machinery and loss of day's production in factory — Claim for damages by factory owner — Whether damage too remote — Liability of defendant — Whether actionable nuisance.