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2 Managerial L. 1 (1967)

handle is hein.journals/ijlm2 and id is 1 raw text is: MORTON SUNDOUR FABRICS LTD. v. SHAW QUEEN'S BENCH DIVISION Lord Parker of Waddington C.J., Widgery J. and O'Conner J. MORTON SUNDOUR FABRICS LTD. v. SHAW November 25, 1966 Master and servant - Dismissal - Redundancy - Employee warned that department closing down and services not required after closure - Date for closure not fixed - Offer to find employee alternative employment else- where - Employee finding other employment before closure - Notice given to employers to determine employment - Whether employee entitled to redundancy payment - Whether dismissed - Redundancy Payments Act, 1965, (c.62), ss.1,3. The Redundancy Payments Act, 1965, provides by section 1: (1) Where ... an employee ... (a) is dismissed by his em- ployer by reason of redundancy, ... the employer shall be liable to pay to him a sum (in this Act referred to as a redundancy payment) ... By section 3: (1) For the purposes of this Part of this Act an employee shall ... be taken to be dismissed by his employer if, but only if, - (a) the contract under which he is employed by the employer is terminated by the employer, whether it is terminated by notice or without notice ... An employee had worked for a company for a number of years as foreman in their velvet department, and was entitled under the Contracts of Employment Act, 1963, to 28 days' notice of termina- tion of his employment. In March, 1966, the company informed him that the velvet department would have to be closed down at a date in the near future, but they did not specify the date, and that efforts would forthwith be made to find him other employment as his services would not be required by the company after the closure. Within a few days of being so informed, the employee obtained other employment and by a letter dated March 24, I

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