ACCIDENT TO EMPLOYEE

Hawera Star, Volume L, 1 December 1930, Page 8

ACCIDENT TO EMPLOYEE

CLAIM FOR COMPENSATION.

NOVEL ISSUE RAISED

A case which was described as a novel! one came before the Court of Arbitration at .New Plymouth on Friday when Francis Morsneati, of New Plymouth, nurseryman, sued’ his employers, Messrs Duncan. and 'Davies, uutd. Mr P. O r Dea. who appeared for plaintiff, said that he had been: unable to'find a similar case in l the books either iin. New Zealand or 'England. Plaintiff. who usually -worked at the nursery. was sent on the date, oif the aclcidlent) from the nursery to the Breakwater, ini connection with the ordering of stone for a 1 rock garden. ■llef. left . a little after 11 ami., the understanding with his employer being that, as the day .was w Saturday, he could, instead: of returning t;o the nursery, return to his home. Du; the way home lie nuet. with an dceideint, compensation, for which lie now l claimed. Counsel admitted, that though, generally, a worker (could- not claim.' for any accident on t‘he road' while going to work or returning home, this case -was dist ing.iiishable. .Mr .Justice Fraser: The court is quite satisfied that when a worker is> injured eii the road while carrying out some message from his employer hd is covered while going on his errand. The point is, is he covered! while returning? Mr O’Den: 1 submit that that is a I ogi ca 1. carrel a t ive. Counsel further stressed the point that' the aiccident happened about .1:0 minutes' to I*2, so- .that- the worker was injured during the period for .which he was paid. Evidence was given- for both plaintiff and) defendant. Mr It. M. Moss, nvho appeared for defendant, submitted; that the ordinary rule applied that a worker was not.covered' when going to .or returning from work. ‘He admitted that in this case he would be- covered while going to the breakwater, but his work finished at the! breakwater. Instead- of returning home he might have gone, for .* a picnic. He submitted that his cover j ceased at the breakwater. j Mr Justice Fraser: This is a most interesting point. Two (conflicting principles are in mv mind as to the method in which this case should be decided, and the court will take,, time to consider its decision.