EARNINGS OF A “SCOUT”

Press, Volume LXXII, Issue 21744, 28 March 1936, Page 22

EARNINGS OF A “SCOUT”

♦ EMPLOYMENT IN MINE CASE BEFORE COURT OF APPEAL (PKESS ASSOCIATXOJT telegbam.) WELLINGTON, March 27. The Appeal Court to-day heard the case of Berryman v, the Martha Gold Mining Company (Waihi), Ltd. The •case stated for the opinion of the court was that the plaintiff was working as a "scout,” in the defendant’s mine, when he met with an injury to his left eye. “Scouts” are regarded by the defendant as unemployed men who, with its permission, are utilised to keep the ranjss of contractors working the mine up to the full number. They are approved by the defendant and taken on to replace members of parties of contractors who are unable, through sickness, accident, or other cause, to carry on at full strength. The custom of miners is to work in pairs, and the selection of a “scout” to replace a contractor absent from work is left to the contractor’s working mate. A question arose on what basis the plaintiff’s average weekly earnings should be calculated for the purppses of the Workers Compensation Act, 1922. In the Court of Arbitration it was submitted for the defendant that the case was covered by a decision in McConnell against the Waihi Gold Mining Company, Limited, in 1935. Counsel for the plaintiff contended that the basis laid down in that case was wrong. The Court of Appeal has now to decide whether McConnell's, case was "correct, and if not, what basis of calculation should be adopted to arrive at the average weekly earnings of a “scout.” After hearing counsel,, the court reserved its decision.*