LIABILITY DECIDED

Waikato Times, Volume 131, Issue 21834, 15 September 1942, Page 4

LIABILITY DECIDED

FARM WORKER’S ACCIDENT COMPENSATION JUDGMENT A decision of interest to dairy farmers and sharemilkers has been given by Mr Justice O’Regan in the Compensation Court, following the hearing in Hamilton of a claim by Reginald Frew, of Waharoa, farm labourer, against Robert Orr, of Waharoa, farmer, on May 12 and August 24, Mr W. J. King, Hamilton, represented plaintiff and Mr J. Hore, Auckland, appeared for defendant. The claim set out that Orr employed Alexander Frew and his family for five years on wages. Two days after one son had gone into camp on September 1, 1941, Frew’s wife suggested to Orr that a sharemilking agreement be entered upon. Negotiations proceeded, but no Contract was actually entered into, although terms had been arranged, when on September 14 one of the sons, Reginald Frew, suffered an accident at the mechanical canwasher at the Waharoa factory, the accident arising out of his employment. The Court was asked to decide who was the employer of plaintiff at the time of the accident and when the change in the status of the Frews occurred. His Honour said he was satisfied that the parties did not intend that the contract should come into force until both parties had signed, and defendant did not in fact sign till September 26. Accordingly he must hold that the plaintiff had proved his case. Second Ground of Judgment ‘•lt seems to me, also,” said his Honour, "that plaintiff is entitled to recovery on another ground. Obviously, while the family were employed on wages, there was a contract of service between each member thereof and the defendant. After the change of status the plaintiff became a servant of his father, but he was not a party to the sharemilking contract and there is no evidence that at any time he received notice of the change: therefore he must be regarded as the servant of the defendant until he received notice to the contrary. "Doubtless he was aware that his father was making arrangements to enter into a sharemilking contract but nothing was said at the hearing to indicate that he had any notification of the date when the contract took effect.” His Honour held that plaintiff must be presumed to have been the servant of the defendant when the accident happened. He allowed plaintiff £37 6s Bd, equalling 16 weeks for total disablement, 35 weeks payment for the loss of two joints of the right index finger, £lO 4s 2d 262 weekly payments of 5s lOd accrued, £67 10s sd, and £1 medical allowance, a total of £ll6 Is 3d Judgment was given for this amount with costs £ls 15s.