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GAZETTE
JULY/AUGUST 1983
attempts to cover over some of the more obvious cracks
and fissures which have appeared in the 1906 Act,
nevertheless, retains in force in all other respects what is
unquestionably an unsatisfactory piece of legislation. It
is unfortunate that the opportunity of reviewing this
who le area of our Labour Law was to some extent
frustrated by the withdrawal of the Trade Unions from
the Commission on Industrial Relations.
•
Footnotes
1.(1901] A C. 495.
2. [1901] A.C. 426.
3. Introduced in the Dail on 11 /6/82. Passed by both Houses of the Oireachtas
on 13/6/82.
4. [1943] A.C. arpp. 184-185.
5.90 ILTR 98 [1958] IR 128.
6. [1955] 89 ILTR 24.
7. [1955] 89 ILTR 24.
8. High Court unrept. 18th Jan 1977 McWilliam J.
9. Paragraph 821 pp 220-221. CMND 3623.
10 See Section II trade Union Act 1941
11 Compare the decisions of the Court of Appeal and the House of Lords in the
following Cases:-
Express Newspapers
v.
McShane
[1979] IALLER 79 (CA)
[1980] I ALL ER 65 (HL)
Duport Sheets Ltd. v. Sirs
[1980] I ALL ER 529 (HL).
Note also the difference in interpretation between the House of Lords
decision in
N. W. L. V. Woods
[1979] 3 ALL ER 614 (HL) and the Court of
Appeal decisions in P. B. D. S. v. Filkins [1979] IRLR 356.
Associated Newspapers Group Ltd. v. Wade [1979] IRLR 201.
Beaverbook Newspapers v. Keys [1978] ICR 582.
From an Irish point of view compare the judgements of McLoughlin J. in the
High Court with. on the one hand. Walsh J. in the Supreme Court and on the
other with Fitzgerald J. and Henchy J. in
Becton Dickinson and Company
Limited v. Patrick Lee and Others
[1973] I.R.I
12 [1977] I.R. 211.
13 [1977] I. R. 211.
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