A workman was totally incapacitated by accident. During all the preceding year he had been employed by respondent company in the same grade of work. During this time there were 16 weeks when work was impossible through public holidays or stoppage of work. Out of the 36 working weeks the workman had been off work for 3 from sickness and private holiday. His total wages for the year earned in the 33 remaining weeks were pounds 68.
Held that stoppage of work and public holidays were normal incidents of the employment, and that therefore the workman’s average weekly earnings, in terms of the Workmen’s Compensation Act 1906 (6 Edw. VII, c. 58), Sched. I, secs. 1, 2, were 36/52nd parts of the workman’s weekly earnings during the 33 weeks he had actually worked, i.e., 36/52nds of a 33rd part of pounds 68.
Judges:
Lord Chancellor (Loreburn), Lords Ashbourne, Gorel, and Shaw
Citations:
[1909] UKHL 1043 – 1, 46 SLR 1043 – 1
Links:
Jurisdiction:
England and Wales
Employment, Personal Injury, Damages
Updated: 09 June 2022; Ref: scu.620578