The Gazette 1977

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