Question | Answer |
McHenry Brothers v Carey | Non-employment means more than dismissal so could potentially include a refusal to employ someone |
Bradbury Limited v Duffy and Whelan | There has to be a limit to the meaning of non-employment so there must be a previous history to bring it within the scope of the Act. |
Lambe Brothers v Davidson | If they are an independent contractor the employer is not counted as an employer for the purpose of the Act. |
CIE v Darby | COuldn't be said with certainty that this was a trade dispute so the immunities didn't apply. |
JT Stratford v Lindley | There had been no recent demand or refusal and therefore no dispute at the time. |
Esplanade Pharmacy v Larkin | Was no real dispute at present and therefore the immunities didn't apply. |
Nolan Transport v Halligan | The only issue was whether the Union reasonably believed the dismissal had occurred. It represented an immediate quarrel between the parties. |
Justice Walsh in EI Company v Kennedy | Excessive numbers in a picket might go beyond what is reasonably permissible. This could amount to a nuisance or an obstruction. |
Raywave v TGWU | This was the nearest practicable point for the picket. They had no right to come into private property. |
Nolan Transport v Halligan on Secret Ballot | This was a matter fro internal management of the trade union and the issue should only be raised at union level. |
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