Babcock & Wilcox, Ltd, v. Young [1911] ScotLR 298 (14 January 1911)

Average weekly earnings for compensation must be calculated based solely on the grade of employment in which the workman was engaged at the time of the accident; earnings from other grades are not to be included.

Citation: [1911] ScotLR 298
Parties: Appellant: Babcock & Wilcox, Limited; Respondent: William Young
Jurisdiction: Scotland
Judgment Date: 14 January 1911
Procedural Posture: Appeal From Arbitration (stated Case) / Judgment on Appeal
Outcome: award of the arbiter recalled; case remitted for recalculation in accordance with the decision
Legal Topics: Workmen's Compensation, Average Weekly Earnings, Grade of Employment, Statutory Interpretation

Employment Law Compensation Law Workmen's Compensation Average Weekly Earnings Grade of Employment Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Babcock & Wilcox, Limited

Appellant

William Young

Respondent

Procedural Posture

Appeal From Arbitration (stated Case) / Judgment on Appeal

Legal Issues

1 Whether average weekly earnings for compensation should include earnings from different grades of employment under the same employer.
2 Whether the calculation should be limited to the grade in which the workman was employed at the time of the accident.

Ratio Decidendi

Court Disposition

award of the arbiter recalled; case remitted for recalculation in accordance with the decision

Orders

Recall of the arbiter's award
Remit to arbiter to proceed with arbitration in terms of the court's decision