WORKMAN’S DEATH.

Taranaki Daily News, 14 June 1921, Page 5

WORKMAN’S DEATH.

WIDOW CLAIMS £5OO. CASE OF UNUSUAL FEATURES. WHEN IS A MAN AT WORK2 “The case certainly has the merit of being quite unusual,” said Mr. Justice Frazer in the Arbitration Court at New Plymouth yesterday, in commenting on a case concerning a claim for compensation by a widow for the death of her husband, who met with a fatal acci-* dent just as he was setting out for work. The chief issue in the caae was whether the mishap occurred during the employee’s working hours. The plaintiff (Mrs. Maud M. Mullions)', sought to recover £5OO compensation from the Eltham County Council, by whom her hueband (the late Josephl Mullions) had been employed. Mr. O’Dea appeared for plaintiff and Mr # J. L. Weir for defendant. Accbrding to counsel’s statement of the case, Mullions was employed by the Eltham County Council as a riding’ foreman, at the rate of 1,5 s per day. OnJanuary 15 last he met with an acd“ dent, as a result of which he subsequently died. Together with a fellow workman, who was residing with him, MulMons waa starting for Jiis work (which was five miles away), intending to drive, a dray, and he had just got to his gate when the horse became restive and the dray ran over him. Mullions died a few days later. It might; be contended that this did not occur in the course of Mullions’ employment or out of it, but. counsel said lie thought he could establish that Mullions was paid for the time. It was the practice of the Eltham £ ’ounty to pay their men for one way in regard to going to or. coming from work—as to which way 4 was the point in dispute. All the mere were required to be at work by eight o’clock in the morning, and in return were allowed to knock off half an hour earlier. He contended, therefore, that, the employees were being paid for tho hours from 7.30 am. to 4.30 p.m. It was argued for the other side that the men were allowed half an hour at the end of the day in order to enable them to get home. Evidence was given by Mrs. Mullions, Dr. Cooper (Eltham), and Ben Johnston (Eltham). For the defence 31r. Weir contended that Mullions was killed outside of his employment. The engineer to the County Council (Maurice Fitzgerald), in the course of evidence as to the practice of the council, said he lookeel upon it that the mens Working hours were from 8 a.m. to 5 p.m., but actually they only worked 7| hours and were paid for eight. The time sheets did not show any hour of commencing, but merely the time worked. Recently lie hail found that, some men were taking more than half an hour, on the ground that it took them longer than this to get home, but. he had laid it down that they must not cease work earlier than 4.30.’ Arthur Clements gave evidence as to the accident. The Court reserved its decision.