COMPENSATION AWARDED

New Zealand Herald, Volume LXXIII, Issue 22583, 23 November 1936, Page 12

COMPENSATION AWARDED

MAN WORKING-OFF RATES INJURY DURING EMPLOYMENT The basis of assessing compensation • to he paid by the Auckland City Coun- ' cil to Alfred Edwards, aged 74, coal \ merchant, of Tutanekai Street, Grey Lynn, who was injured in an accident whiie in the council's employment, has been decided by the Arbitration Court. "The evidence shows that in 1933 the Auckland City Council devised a scheme whereby a sum of £SOOO was set aside for the purpose of enabling ratepayers, who were in arrears with rates and were having difficulty in payT ing them, to work out their indebted- ; ness to the council by being given one • daj''s work in each week, tho money earned to be credited to the outstand- • ing account for rates," the Court r states. The plaintiff was indebted to the council in the sum of £34 6s Bd, and worked under the scheme mentioned, and was to bo credited with 15s 8d a day. He worked on ono day in each of the four weeks from tho week ending November 30, 1935, to the week ending December 21, 1935, doing no work for the two following weeks and resuming work for the two weeks ending January 11 and 18, 1936. On January 16, the Court added, ' while doing his day's work, plaintiff was injured by the capsizing of a dray, . suffering a broken hip and ankle, and other injuries. It was agreed that he was totally disabled until May 30, 1936, and that thereafter he had suffered permanent partial disability to the extent of 50 per cent of his earning capacity. The main question was the basis on which his average weekly earnings were to be assessed, it being claimed on his behalf that compensation should bo calculated on the basis_of the earnings of a labourer earning 15s-8d a day. In the Court's opinion, the arrangement of employment was tantamount to one continuous period of employment, and not a series of casual, unconnected, engagements. His average earnings were thus 15s 8d a week. Full compensation would be allowed from January 16, 1936, to May 30, 1936, andthereafter half compensation to the end of the statutory period. Judgment was entered for £7B 14s Bd, plus medical ' fee, £l, and costs, £7 7s.