CLAIM FOR COMPENSATION.
PRESS ASSOCIATION. AUCKLAND, January 16. The Arbitration Court this morning gave judgment in the case of Pliinix v.. Brown, a claim for .£IOO compensation under the Workers' Compensation for Accidents Act, for injuries received while working at a lollie-cuttiug machine by which the claimant lost three fingers of his right hand. The defence was that the accident was directly attributable to serious and wilful misconduct of the claimant. The Court pointed out that it was laid down in several cases in the Court of Appeal in England upon the English Act that the • burden of proving seriousand wilful misconduct lay on the employer, that such misconduct was a question of fact and depended on the circumstances of each particular case, and that no legal definition of "serious and wilful misconduct” can be given. The Court held that' there was no proof of "serious and wilful misconduct,” though the conduct of the claimant in putting her hand into the machine was in a strict sense negligent; also that there was no sufficient proof that the girl had been frequently warned. The Court awarded the claimant 2s a week, according to the schedule in the Act. with nominal costs.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/NZTIM19020117.2.25.10
Bibliographic details
New Zealand Times, Volume LXXII, Issue 4565, 17 January 1902, Page 5
Word Count
200CLAIM FOR COMPENSATION. New Zealand Times, Volume LXXII, Issue 4565, 17 January 1902, Page 5
Using This Item
No known copyright (New Zealand)
To the best of the National Library of New Zealand’s knowledge, under New Zealand law, there is no copyright in this item in New Zealand.
You can copy this item, share it, and post it on a blog or website. It can be modified, remixed and built upon. It can be used commercially. If reproducing this item, it is helpful to include the source.
For further information please refer to the Copyright guide.
Log in