OTOROHANGA GOLF CLUB SUED.

King Country Chronicle, Volume XIX, Issue 2052, 6 December 1924, Page 2

OTOROHANGA GOLF CLUB SUED.

BY DISMISSED EMPLOYEE. FOR COMPENSATION FOR ACCIDENT. At the Otorohanga sitting of the Magistrate’s Court on Wednesday, J. C. Ogilvy (Mr Trapski) sued D. Selby (Mr Mossman) for £4 9s under the Workers’ Compensation Act, for an injury allegedly received while plaintiff was in defendant’s employ. M'r Trapski said plaintiff had been caretaker of the golf club, of which defendant was secretary. He alleged that in the course of his duties he had injured his back in lifting a bag of sand. In his evidence plaintiff related that after lifting the sand in the course of his work at the golf course he could hardly walk. He was examined by a doctor, who gave him a certificate. On returning from doing the work when he was hurt he received a letter of dismissal. He admitted having suffered from lumbago. Mr Mossman moved for a non-suit. He commented that it was curious that plaintiff should have received injury on the very day he was summarily dismissed. He had not given notice of the injury till three weeks after its alleged occurrence. He contended that plaintiff was not a worker under the Workers’ Compensation Act, as he was not employed for the trade and business of his employer, as the golf club did not carry on a business or trade. The secretary of the club was in any event not personally liable; the action should have been brought against the whole committee. He asked for a non-suit on this point. Dr Nicholson told the Court that the condition described in the doctor’s report might be described under the term lumbago, which was easily caused by other means than by a sprain. Mr Trapski contended that defendant, as secretary of the golf club, was liable. Plaintiff was employed by the club getting the greens ready for play, and surely this was part of the “business or trade” of the club. An employer was liable for an injury to an employeee, even if the injury was brought on by a long-standing disease. Decision was reserved.