CLAIM FOR COMPENSATION.

Otago Daily Times, Issue 19276, 13 September 1924, Page 10

CLAIM FOR COMPENSATION.

SEQUEL TO FIRE BRIGADE FATALITY. WIDOW SUES BOROUGH COUNCIL. (Peb United P.resb Association.) AUCKLAND, September 12. Arising out of tho accident at Devonport on April S, when Julo Emile lo Beebe, a member of the Devqnport Fire Brigade, was killed through being thrown from a motor engine, the widow, Alice Maude lo Sccllo, at the Arbitration Court, claimed from the Devonport Borough Council compensation and further and _ other relief costs. The . statement of claim set out that deceased was a general labourer and deputy-superintendent of the Dovonport Fire Brigade at £5 per quarter and additional sums for each fire attended. Outlining plaintiff’s case. Air Ostler said that the question was whether a member of a fire brigade was a worker under the Workers’ Compensation Act. In no sense could tho brigade bo termed a volunteer brigade, as provision was made for the payment of a salary to the officers besides extra money for fires, and the officers were subject to a month's notice of dismissal. Deceased could only be an independent contractor, volunteer, or worker, and as ho could not bo called either an independent contractor or a volunteer he must be a worker. Ilis average weekly earnings, apart from tho brigade, _ woro £4 Bs, but in addition ho had the right to sleep at the fire station, and this he . did f nearly 12 years. Plaintiff and her husband had been separated by mutual consent, and (hero woro no court proceedings or deed of separation. From the date of parting deceased had regularly paid plaintiff £1 per week as maintenance and as also ho continually paid sums to tho children, it would average not l?ss than £1 10s per week. For tho defence, Air Prondorgast submitted that the deceased, as a member of tho brigade, was not a worker as defined under tho Workers’ Compensation Act. He quoted the Municipal Corporation Act, which provides that payments to members of a fire brigade out of municipal funds shall ho made by way of gratuity or as the council thinks fit. Counsel submitted that a gratuity meant not wages, but something in tho nature of a gift or a present. The members of the brigade wore, he contended, in (ho position of volunteers, and tho by-laws, although providing for the payment of a salary, did not constitute them as workers. There was also £2OO for which the Borough Council gome years ago had insured tho members of the brigade, whicji would be paid. On the question of dependency counsel submitted (hat decased had not paid £1 per week maintenance, to his wife, but 'towards the maintenance of tho younger children since the parties had separated. Air Ostler submitted that on© of the primary meanings of gratuity was a payment for services rendered, but a payment which nobody was obliged to make. The court reserved its decision.