“AMENDMENT TO ACT NEEDED"

Press, Volume LXXIV, Issue 22513, 22 September 1938, Page 8

“AMENDMENT TO ACT NEEDED"

ARBITRATION COURT’S

SUGGESTION

FAILURE OP CLAIM FOR

compensation/

(rasas aaaociATioa TtuoaAKJ

AUCKLAND; September 21. - The suggestion that, an amendment waa-needed to a clause of the Workers Compensation that gy*‘worker” does not include any persoi} employed other than by way manual ! labour,, whose remuneration exceeds £4OO a year, was made by the Arbitration Court in a judgment delivered to-day. , . case decided by the Court the plaintiff 'was Gladys Margaret Watts, Ppnspnby, jvidow of Roy Douglas Watts, second officer of the motor-ship Port Waikato, who fell overboard and was drowned at sea on August 3, 1937. defendant was Alexander Frederick Watchhn, master-mariner, of Auckland, "trading as the Watchlin Line. The plaintiff sued for compensation for herself ■ and James Roberts Watts, only child of her marriage to Watts. The Court stated that- it was common ground that Watts had not been employed by way of manual labour, and so the sole question to be decided was whether his remuneration exceeded £soo a year.' /Having regard tp the present-day cost, and ’higher standard of living, the Court considered that it was impossible to hold . that £l. was a sufficient weekly estimate of the value of - board and lodging. It agreed that although the usual allowance, for board and * lodging was £1 a week, it was permissible for an employer to prove that, in fact, that amount was exceeded, ■ The Court held that Watts’s total remuneration, including. board and lodging, provided by the ship, exceeded £4OO a year, and as. he-was not employed by way of manual labour, he was not a worker, and so his dependants were not entitled' to compensation. _

, “It is almost unnecessary to add that we sympathise with the plaintiff, whom we are obliged to hold , disentitled to any monetary reparation tor, the v loss she has suffered,” stated the Court:.’, “We have no jurisdiction to .infringe Ahe functions- of the Legislature* however;butits attention might wfcllibe directed to-‘the need of amending the law.”. * Judgment was for ; the defendant, to whom leave was reserved to apply for costs. ./>•’, ■' . >