Master and Servant – Workmen’s Compensation – Compensation – Computation of the Compensation – Average Weekly Earnings – ‘Tips’ Received, under Sanotion of the Employer – Workmen’s Compensation Act 1906 (6 Edw. VII, c. 58), First Sched. (1) (6), (2) ( a).
A railway porter met with an accident under circumstances which entitled him to compensation under the Workmen’s Compensation Act 1906. His employers contended that the compensation due to him fell to be computed on the basis of his weekly wage, viz., 25s. 10d., whereas the arbitrator took into account the average weekly sum received from passengers as ‘tips,’ bringing the average weekly earnings to 37s. 10d.
Held that where a workman systematically receives with the sanction of his employer gratuities which involve no breach of duty to his employer, such gratuities form part of his average weekly earnings.
Penn v. Spiers and Pond Limited, [1908] 1 K.B. 766, approved.
Judges:
Lords Dunedin, Atkinson, Parker, Sumner, and Parmoor
Citations:
[1917] UKHL 783, 55 SLR 783
Links:
Statutes:
Workmen’s Compensation Act 1906
Jurisdiction:
England and Wales
Employment, Personal Injury
Updated: 23 July 2022; Ref: scu.631011
