A WIDOW'S CLAIM.

Hutt News, Volume 2, Issue 12, 15 August 1929, Page 9

A WIDOW'S CLAIM.

COMPENSATION AWARDED

The Arbitration Court has given a reserved judgment in a claim madre fry Mary Gougii, ,of Lower Hutt, widow of Richard Thomas Gough, labourer and domestic servant, against George Albert Chapman, Lower Hutt, retired manufacturer, for compensation for the death of hex husband while in the employment of defendant. It was explained at the hearing that Mr CSiapman was only a nominal defendant, and that the chief point in dispute specially insurance companies.

Delivering the Court's judgment, Mr Justice Blair sail that Gough! was in the permanent employment of the defendant on a weekly wage of £4/10/-. He did not live on the premises, and his -hours were 48- hours a week, with half-day off on Saturdays. . He did not work on Sundays. He had "been constantly employed by the defendant-for fout years, and was originally engaged "to do anything and everything h! e was required to do during work hours." He was killed while engaged cutting a branch off a, large lime tree; he Pell from a step-ladder on which -he was standing. The precise question for decision in this case was whether a per-, manent general handyman as Gough was, engaged one-third of his time on work within, or connected intimately with, the work of tiie house, and' the remaining two-thirds of his time . engaged in the garden, was occupied in domestic service within the first schedule of the, "Workers Compensation .Act. A number "of authorities were quoted by the Court as to what constituted domestic service. "Looking at fche terms of Goug-h's engagement, and the nature of his work," said His Honour, "and in the light of the decisions I have quoted, I have no-doubt that he

was in 'domestic service,' and it not :being disputel that his death happened during and in tie course of'his service to his master, his widow is entitled to

compensationf or Ms death on-the basis of total dependency. The ammmt of the claim.is not in dispute, and juig-

meat willitherefoire be for the amount claimed, £952/5/6, with costs £12/12/-, and witnesses 7 expenses to be fixed by the Registx'aT." .

Mi. . P. Bunny appeared for plaintiff and Mr.-C. A. L. Treadweli for defendant. '