NOT IN THE SERVICE

New Zealand Times, Volume XXXIII, Issue 7847, 8 July 1911, Page 2

NOT IN THE SERVICE

CONTRACTOR NOT A WORKER. Mr Justice Sim gave his reserved judgment yesterday in the ease Public Trustee v. Borough of Temuka recently heard by him in the Court of Arbitration at Wellington. The chief question involved in the case .was as to whether a certain employee of the borough, who was killed at his work, was m fact a worker or a contractor. Plaintiff in this case was the adminis trator of the estate of John MoAuliffe who was killed by accident on January 2nd, 1011, on the'railway line at Temuka The deceased had for some years done certain specified work for the borough. This work was done under a written agreement made with the council on July Bth, 1305. Plaintiff alleged that tho effect of this agreement was to make the deceased a worker in the employ of the defendants, and that the accident by which the deceased was killed arose out of and in the course <-f this emiloyment. She claimed, therefore, to bo entitled to compensation under the Workers’ Compensation Act on behalf of the dependants of tho deceased. The oouvt held that tho. deceased was a contractor. The agreement provided only that deceased should arrange that tho work should be done, and that he

should receive payment for it at the ral of per week. There was nothing i the contract giving the council a righ to the personal services of the decease* If he had chosen he could have done al the work by deputy. In view of -tiller ms of the agreement deceased, in th opinion of the court, was clearly not r servant, but an independent contractor, and the plaintiff was not entitled to re cover compensation under the Act, Judgment was entered for defendant with costs £7 ”s.