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Commentary

(2) Unequal impact of the tort on employers and unions

Division NII Industrial Action
| Commentary

(2) Unequal impact of the tort on employers and unions

| Commentary

It may be noted that Lumley v Gye impedes unions far more than employers. The employer is typically a sheaf of shareholders bound together into what, in law, is one person but a group of unionists remain, in law, so many individuals acting in concert (although the union has some of the attributes of legal personality). Moreover, the employment relationship is manifested through the contract of employment made between the individual employer and the individual employee. Now suppose a union

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