MINING "SCOUT”

Greymouth Evening Star, 27 March 1936, Page 2

MINING "SCOUT”

QUESTION OF EARNINGS, [PER PRESS ASSOCIATION.] WELLINGTON, March 27. The Appeal Court, to-day, heard the case of Berryman v. Martha Gold Mining Company (Waihi) Ltd., a case stated for the opinion of the Court of Appeal. Plaintiff was working as a “scout” in 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 ranks of contractors working in the mine up to the full number. “Scouts” 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 the 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. The question arose on what basis

plaintiff’s average weekly earnings should be calculated, for the purposes of the Workers’ Compensation Act, 1922. In the Court of Arbitration, it was submitted, for the defendant, that the case was covered by the decision in McConnell against Waihi Gold Mining Co.’, Ltd., 1935. Counsel for 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 tho average weekly earnings of a “scout.” After hearing counsel, the Court of Appeal reserved its decision.