110 / 270
GAZETTE
JULY-AUGUST
19
of striking itself. It goes without saying that there are acts
which the law must forbid and as best it can suppress,
irrespective of the purpose for which they are done, or the
circumstances in which they arise. An assault remains an
assault, malicious damage to property just that, and
physically obstructing the highway or access to a factory
or power plant remains a public nuisance, no matter
what. No one has ever argued that freedom to strike
should include freedom to commit or to threaten physical
violence to persons or property, or more generally, to
commit what one may call common as distinct from
specifically economic crimes or torts. Freedom to strike
may be exercised in what amounts to a very complicated
situation in law and in fact but the act of striking itself is
capable of being and, it is submitted, should always be,
distinguished.
Two practical considerations may be invoked in
support of amending Section 5(2) so as to except it from
the influence of Section 6(1). First, an argument
ex
negativo.
If the subsection is
not
amended, the Rights
Commissioner or the EAT will be called on to consider
the merits of collective industrial disputes whenever the
sub-section is relied on. Not only would this be a
manifestly unsuitable role for these authorities, it is one
they would be most unlikely to welcome. Secondly, the
statutory definition of strike action is relevant. It is a
restrictive definition (see below). Its purpose must be
to secure the acceptance or non-acceptance of terms or
conditions of or affecting employment. Consumer or
political strikes are not covered. To dismiss selectively,
therefore, under an amended Section 5(2) would not be
automatically unfair where men struck in order to
advance any cause whatsoever, whether the enactment of
a statute, or the elimination of an unpopular measure of
foreign or educational policy, to avoid a new tax or an
increase in bus fares. The strike in Section 5 is solely the
phenomenon of industrial relations; it retains its
traditional link with the processes of collective bargaining.
(to be continued)
FOOTNOTES
1. Note the difTcrcncc between the definition of these remedies in
s.5(4) and s.7( 1) of the Unfair Dismissals Act. The latter contains no
reference to an 'associated employer" which in any event is not defined
in the Act. ('Associated company" is defined in the Redundancy
Payments Act, 1967, s. 16(4).
2. Naomi Wayne:
Labour Law in Ireland
(Kincora Press and
ITGWU, 1980), 93.
3. In general, sec M. Cashcll: 'Influence on Irish Law and Practice
of International Labour Standards': (1972) 106
International
Labour
Ret'iew 47.
4.
Dáil Debates.
Vol. 296 (25 Jan. 1977) Cols. 59 and 60. The
philosophy behind the equivalent s.62 of the British Employment
Protection (Consolidation) Act, 1978, may be contrasted: sec Sir
Hugh Griffiths in
Heath
v.
Longman Ltd.
I 19731 2 All E.R. 1228 at
1 230 ' 1 and sec, too, Phillips J. in
Thompson v. Eaton
I 19761 3 All
K.R. 383. 388.
5. An equally absorbing question, which lies outside the scope of
the present text, concerns the relationship between s.6( I) of the Unfair
Dismissals Act and s.6(2), (3) and (4) of the same Act; the latter
describe so callcd 'automatically' unfair dismissals. Subsections (2), (3)
and (4) each begin "Without prejudice to the generality of sub section
( I)'. It is clear that, far from effecting grounds for automatically unfair
dismissals, the sub sections permit an employer to adduce substantial
grounds in defence of his decision to dismiss. What is the diffcrcncc
between a dismissal under any one of these sub sections and an
"ordinary" dismissal under section 6(1)7
6. Sec footnote 5
supra.
104
CROSSWORD
(prepared for use in the Land Registry Module of the Society's
Professional Course)
ACROSS
1. If issued, must be lodged with all dealings affecting ownership. (4,
11)
6. The holder of the entire estate is registered with this title. (8)
8. The Legal personal representative does this to the beneficiary. (7)
9. There are four kinds of this to leasehold land. (5)
10. Two-Thirds of "Mayday"! (2)
1 2. With 18 across, to bind a purchaser with the result of a suit. (7)
14. 1 across may be held subject to this. (4)
15. The class of owner who holds the entire estate. (4)
17. Mechanism to protect an unregisterable right. (7)
18. lsl part of 12 across in Latin. (3)
19. Title conferred where no or insufficient documentary title exists.
(10)
23. They appear on part III of folio. (7)
24. Particulars of this are on part 1 of folio. (8)
26. 11 or 12 down does this to folio for 14 days. (7)
27. The number of freehold titles. (5)
DOWN
1. Must be furnished with folio on sale by assignement. (5)
2. Land Commission vests subject to these. (8)
3. An extract from the register. (5)
4. These arc not disclosed on a folio. (6)
5. Registrar may do this to folio of his own accord. (5)
7. Spccial form of discharge available to Building Societies. (6)
II.+ 12. A search that does 26 across. (8 and 8)
13. These could give rise to limited ownership. (11)
14. One of the compulsory Registration Counties. (5)
16. A class of Ownership. (7)
20. He appears on part II. (5)
21. Registered property is identified by reference to this. (3)
22. Is found above dealing number and is important. (4)
25. The collection number, if any, is found on this part of the folio. (3)
I For solution see page 1131