INSURANCE OF WORKERS.

New Zealand Herald, Volume XLV, Issue 13876, 9 October 1908, Page 6

INSURANCE OF WORKERS.

GROWN MINES CASE DISMISSED. [BY TMiIGBAr-H.-r-OWSr CORRESPONDENT.] ' "Paeroa, Thursday. •In the Warden's Court, to-day, judgment was given by Mr. F. J. Burgess, Warden, in the case in which the inspector of factories 'charged the New Zealand Crown. Mines Company with taking or receiving money by a deduction from the wages of certain workers in respect of a policy of insurance against injury ;by accident. ■>■■ ,'■ In the course of this judgment the Warden said it seemed to him that the whole issue of the case turned on whether or not the so-called contractor was a worker within the meaning of the Wages' Protection Act. This Act,formed part of the Truck Act, 1891. He did not think the provisions of either Act were intended to refer to payments of money to contractors. In this case, having regard to the relationship of the parties and the nature of the work to be done, the contractor could not, he thought, be regarded ! in '; the light of a mine servant. Under section 2of the Workers' Compensation for Accidents Act Amendment Act, 1903, there was no doubt that the contractor, having worked at; his contract personally, would be entitled to compensation for injury received while at work in the mine. If he was right in his opinion that the contractor was : not a worker, then he did not. come within the operation of section 3 of the Wages' Protection Act, and the company was not liable for retaining money either for the insurance of his workmen or for his personal insurance. No doubt the stoppage of money by the employer for an insurance in respect of the person whose injury was insured against, was not in accord with the spirit of our legislation, but unless the particular act complained of was specifically prohibited by statute, no offence in law had been committed. • That was, he thought, the position in this case. The information would be dismissed. ; "i •■'