WEEKLY EARNINGS

New Zealand Herald, Volume LXXIV, Issue 22822, 1 September 1937, Page 16

WEEKLY EARNINGS

CASE OF PIECEWORK BASIS FOR COMPENSATION ARBITRATION COURT ARGUMENT Questions of law allecting tlio calculation of the wages of all piecework workers under existing legislation wcic involved in n eonipeiisation claim brought before the Arbitration Court yesterday. "The questions of interpretation raised in this action," said Mr. Richmond, appearing for the appellant company, "are of very great impoitance to all workers remunerated not by time but in referenco to the amount of work done." lie asked the Court to state a case for the Court of Appeal. Mr. Justice o'Regan presided, having associated with him Mr. A. L. Monteith, employees' representative, and Mr. W. Cecil Prime, representing the employers. The action aroso out of an accident that happened to a Waihi miner, Thomas Robertson (Mr. Sullivan), while working in the Martha mine on March 19, 1937. A dynamite cap exploded in his right hand, with the result that he lost his first finger and had the middle finger severely lacerated. Injured Man's Claim The plaintiff claimed that his average weekly earnings had been not less than £6 Is 3d and that he should have received £4 Os Bel weekly compensation to the present, time and such further lump sum as the Court held just. The defendant, the .Martha Gold Mining Company (Waihi), Limited, for whom Mr. Richmond appeared, claimed that Robertson's earnings had been much less than £6 ]s 3d. It had paid him £2 10s Sd weekly down to May 14 and was willing to continue to do ! so. This amount was based upon the basic wage of -£3 16s.

Mr. Sullivan said that Robertson was what was known as a "scout" and was a recognised man to fill a vacancy that might occur in a contracting party. In accordance with section 7 of the Workers' Compensation Amendment Act, 1936, the plaintiff's compensation must be based on full weekly earnings, even though his employment might not have continued for the full week. Ry a decision of Mr. Justice Page a week was defined as a 40-hour week. He submitted authority in support of the view that compensation in this case should bo paid on the basis of £6 Is 3d. Evidence Called

The secretary of the Waihi Miners' Union, W. H. Rice, said that by a decision of the Arbitration Court last October all contractors underground had been held to be pieceworkers. Three and three-quarter hours after Robertson had joined a contracting party he met with this accident, and lie subsequently received from the company a lull day's pay of £1 4s for that el siy. Ho was competent miner. His weekly earnings would he live times the daily wage he received. The plaintiff gave evidence that he had received £4 10s a week compensation for an accident just prior to this one.

Called by Mr. Richmond, L. E. Spratt, clerk employed by tho Martha company, put in a statement of wages bearing on the case. In answer to Mr. Sullivan witness said ho could not explain without reference to records why there was a difference in the basis of payment to Robertson between February and •March. In the case of wagesmen it was the company's custom to pay for the day on which tho injury occurred, but not in the case of contractors or piece-workmen. No "Ordinary" Rate

Mr. Richmond said the question of law involved was as to the basis on which compensation should be calculated. He submitted that there was no such thing as an "ordinary rate" or "ruling rate" of wages for a piece-worker, because the amounts he earned were never twice the same. The plaintiff was a piece-worker whoso daily earnings constantly varied. It was impossible to predict for am* worker of that type what his earnings would be. They were not concerned with an "average" rate, but with an "ordinary" or "regular rate of pay. Mr. Monteith said that Mr. Richmond's argument would apply to every piece-worker, and so a man who had never earned less than £'6 a week fur a year would be down on the basic wage if he got injured. Omissions from Legislation Mr. Richmond said the only difficulty arose in a case like this where a man had worked for less than a week. The amending legislation made no proper provision for • determining the ordinary rate of pay of tho pieceworker, and no provision for ascertaining the average weekly earnings of a man who had been only a day in his employment. The only one available of the four alternative statutory methods of ascertaining the weekly earnings was by reference to the basic wage. Tho matter was of such importance that he suggested that a caso should be stated for the Court of Appeal. Mr. Sullivan quoted authority for the statement "that there is such a thing as construing an Act according to tho intent, although not according to its words." The statute had not been passed merely to leave things in the air. This was a matter arising out «f the Workers Compensation Act. and his instructions were that it should be decided by the Court of Arbitration. Tho Court reserved its decision.