BASIS OF COMPENSATION

New Zealand Herald, Volume LXXIV, Issue 22846, 29 September 1937, Page 17

BASIS OF COMPENSATION

WAIHI MINER'S CLAIM CASE BEFORE APPEAL COURT [BY TELEGRAPH —PRESS ASSOCIATION] WELLINGTON, Tuesday Tho Appeal Court heard a case referred from the Arbitration Court for tho determination of the basis for tho calculation of the weekly earnings of an injured gold mine worker for tho purposes of compensation. The plaintiff, Thomas Robertson, of Waihi, miner, while working as n "scout" in tho mino of the defendant company, the Martha Gold Mining Company (Waihi), Limited, injured his right hand in March and was totally disabled for (16 days. Tho plaintiff had been a "scout" at Waihi since May, 1936, and during this period had worked with different parties of contractors for varying periods. Compensation was paid on the basic wage of £3 16s a week without prejudice to the right alleged by plaintiff to a higher rate of compensation. The proceedings were begun in the Arbitration Court to establish the plaintiff's right to a higher rate. Counsel for tho plaintiff to-day submitted that tho general basis for assessing compensation to which tho plaintiff was entitled under tho Act was the rate of remuneration, excluding overtime, for the work on which he was actually engaged at the time of the accident, irrespective of the shortness of his employment. After hearing argument on behalf of tho defendant company as to tho meaning of tho phrase "ordinary rate of pay," as used in section 7 of tho 1936 amendment to tho Workers' Compensation Act, tho Court reserved its decision.