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GAZETTE
MAY-JUNE
employer in entering into the contract of employment.
Even if the Constitution now protects the right not to be
compelled to perform a contract of personal service, as it
may well do under the heading of "personal liberty", this
would not prevent an employer being obliged to reinstate
a wrongly dismissed employee. There is an obvious and
surely valid distinction between being compelled to join a
union of which one has never been a member on pain of
losing one's job (the situation in
Educational Company of
Ireland case),
and being obliged in circumstances
specified by legislation to reinstate an employee whose
contract has never been properly terminated.
In principle it seems reasonable to say that the
Legislature should be free to protect Constitutional Rights
directly by appropriate legislation rather than merely by
giving a right to damages, where the former is possible.
Not only the Constitutions, but the National Legislation of
many other European countries give a right to
reinstatement without the suspicion that by so doing they
are violating the employer's constitutional rights. It may
also be relevant to point out that theright to reinstatement
has been recognised in such international documents as
the European Social Charter and the International
Labour Organisation Recommendation on Termination
of Employment.
It would be unfortunate if public opinion were led to
believe that only an amendment to the Constitution, or a
new Constitution, could make possible the creation by
legislation of a right to re-instatement. It is suggested that
in this respect as in others, the Constitution has been
maligned.
The distinction has been drawn, correctly, between re-
engagement and re-instatement. But this distinction does
not seem relevant from the constitutional point of view:
either the employer's rights under the Constitution are
such that he cannot be obliged to re-employ the dismissed
employee, or they are not. Constitutional rights of
association could hardly depend on such technical
distinctions. The distinction does not seem relevant even
to the law on specific performance or injunctions: if an
employer can be obliged to re-engage, he can be obliged
to re-instate.
Ordinary General Meeting of the Society
(continued from page 77)
aggressive in its approach to the NationalPrices
Commission and others responsible for fixing costs.
OTHER BUSINESS:
Professional Indemnity Insurance
In response to Members queries, the President detailed
the developments which had taken place in recent years
leading the Society to endorse the insurance programme
prepared by J. H. Minet & Co. He explained that the
Society's concern was to make the best possible insurance
programme available. It would be a matter for each
practice to make up its own mind as to where it placed its
insurance. The one point he wished to emphasise was the
absolute necessity for a practice to carry professional
indemnity insurance. Mr. Crivon pointed to the difference
in the questions asked in the proposal form relating to
notice of possible or likely claims being made against the
proposer, and the effect this could have on future claims
being made, by the previous carrier and the new carrier.
He wondered if the Council had fully examined the
implications before recommending the Minet scheme. The
President indicated that the Committee concerned had
examined the various propositions in great detail before
the Council had issued its recommendation to members
over his signature.
Gazette
Mr. Crivon and Mr. Shatter drew attention to the
unfortunate situation arising out of the reporting of
certain family cases. Arising out of the discussion, Mr.
Shatter suggested that once the matter had been dealt
with to the satisfaction of the parties, the President of the
High Court might be invited to issue a practice direction
which would serve as a guide-line for future reporting.
This was agreed.
Conclusion
As there was no further business arising, the President
thanked the members for their attendance and
participation in the discussion. He declared the meeting
closed.
Careers and
Appointments Service
The Association of Irish University Careers and
Appointments Services is compiling a Directory of
Organisations and firms who have in the past recruited
graduates, or who have an interest in graduate
recruitment.
It is intended that the information included will be brief
and factual and will comprise the name and address of
the firm, the type of business and the degree subject or
subjects sought.
The Directory will be available to students throughout
Ireland, for their University Careers and Appointments
Services.
Firms of Solicitors accepting apprentices or with whom
occasional vacancies for apprentices arise, can be
included.
Any Firm of Solicitors wishing to be represented in this
Directory should contact:
Miss Sandra Walker, B.A.,
Assistant Careers and Appointments Officer,
University College,
Administration Building,
Belfield,
Dublin 4.
80