MINE DEPUTY’S STATUS

Waikato Times, Volume 106, Issue 22659, 12 July 1945, Page 4

MINE DEPUTY’S STATUS

LIABLE FOR COMPENSATION COURT’S RESERVED JUDGMENT A reserved judgment was given by Mr Justice O’Regan in a case heard during a Compensation Court sitting at Hamilton on June 20 when a claim for injuries was brought by Michael Joseph Tansey, fireman deputy, against Renown Collieries, Limited. Mr W. J. King appeared for Tansey and Mr J. Hore, of Auckland, for the defendant company. The defence was that the plaintiff was not a worker in that he was not employed by way of manual labour. The defence alleged that ill health was due to thrombosis, and was not caused by plaintiff’s duties in the mine. His Honour said plaintiff had been employed since September, 1939, as a fireman-deputy and his remuneration at the time of the accident was about £520 a year. The question was whether the plaintiff was employed by way of manual labour. "His Honour held that plaintiff was to be considered as a worker and was liable for compensation. As the case was further to be contested on the question of accident, costs should not be allowed at this stage, His Honour said. Should the plaintiff succeed he would be entitled to two sets of costs and should he fail the Court might well consider that one set should balance the other. Limit of Remuneration “An English Act of 1906 ordained that anyone whose remuneration exceeded £250 a year did not come within the category of workman unless he was employed by way of manual labour,” said His Honour. “The limit in England has been raised several times, however, and since January 1, 1942, it has stood at £420. This fact suggests that the time has arrived when our own legislature might well consider raising the limit or, better still, abolishing it altogether.”