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G A Z E T T E
N O V E M B E R
1976
alone dictate the contrary and indeed Kenny J. extended
Carvill's
case in
Glover's
case (see ante). Are we now
to verge towards the bad stream of influence of cases
like Ri dgway v. Hungerford Market Co. (1835)
Ad. & El. 171 which held that there need only be an
adequate ground for dismissal and it is sufficient if this
ground comes to light after dismissal. (In this partic-
ular case, a clerk who was dismissed had the misfor-
tune to enter a protest relating to his dismissal in the
books of his firm regarding his dismissal as an in-
justice. This was held to justify his dismissal at com-
mon Law).
I think it is vital and essential that a proviso be added
where appropriate in all the cases mentioned that in
conformity with natural justice the reasons justifying
dismissal must have existed at the time of dismissal
itself.
Conclusion —
The importance of the Unfair Dismissals Bill resides
in the fact that it concerns the whole notion of equal
justice, however nebulous a phrase that may be. Claims
are psychologically a primary notion in any concept
of justice and the nature of a claim will often determine
the quality of the justice.
Le premier sentiment de la
justice ne nous vient pas de celle que nous devons,
mais de celle qui nous est due
(J. J. Rousseau-Emile).
The nature of the claim therefore that may be made
under the Bill is all-important.
One is aware of the fact that more man-days are
lost through strikes over dismissal than anything else
(as the Minister pointed out in Dail Eireann); one
knows that over a quarter of a million man-days were
lost in industry between 1972-1975. And the impor-
tance of that sort of argument cannot be denied. But
the issue is surely a far more fundamental one. The
reason why legislation should provide the best claims
possible for workers who are unfairly dismissed is be-
cause such workers have been deprived of a property-
right, of something which is theirs, of what Goethe call-
ed 'the orbit of (one's) activity?' Specifically referring
to a worker's job as the orbit of his activity it was once
written that:
'Here and only here is the property of the individual
spiritual or material, a circle, great or small, but a circle
which is
his
because he has created it, a world for
which the community may fix certain rules for the
sake of other circles, but an orbit whose essence no
community can violate with impunity for then the
kindled fires of this society will be extinguished'.
V. Kruse:
The Right of Property
(translated from
the Danish by P. T. Federspiel, Oxford University
Press, 1939).
The message in these words is quite clear. One hopes
it is the sort of message our legislators will appreciate.
The Institute of Taxation in Ireland
HALF-DAY SEMINAR
on
TAXATION OF SETTLED PROPERTY
AND DISCRETIONARY TRUSTS
On Thursday, 27th January 1977 the Institute of Taxation in Ireland will be
holding a half-day Seminar at the Burlington Hotel, Dublin. The Seminar will
commence at 2.30 p.m.
The Speakers will be William B. Somerville, Solicitor, who will speak about
the Annual Taxes affecting Discretionary Trusts and Settled Property, i.e.
Income Tax, Capital Gains Tax and Wealth Tax. The other Speaker will be
Robert W. R. Johnston, Solicitor, who will speak about the Periodic Taxes,
i.e. Capital Asquisitions, Tax, Capital Transfer Tax and Succession Duty.
The cost of the Seminar will be £10 which includes afternoon tea and docu-
mentation. Persons interested in attending should apply to :
THE SECRETARY, Institute of Taxation,
3, Fitzwilliam Place, Dublin, 2.
'Phone 688181 / 682391.
1 8 9