Carter v. John Lang & Sons [1908] ScotLR 938 (17 July 1908)

Carter v. John Lang & Sons [1908] ScotLR 938 (17 July 1908)

The proper method for calculating average weekly earnings under the Act is to divide the total wages earned by the number of weeks actually worked, excluding periods of absence due to illness or unavoidable causes, and to make a proportional deduction for regular trade holidays if necessary. The arbiter erred in dividing by the total number of weeks in the period of employment, including weeks where no wages were earned due to illness or holidays.

Citation
[1908] ScotLR 938
Parties
Appellant: John Carter; Respondent: John Lang & Sons
Jurisdiction
Scotland
Judgment Date
17 July 1908
Procedural Posture
Appeal From Arbitration Under Workmen's Compensation Act 1906 / Inner House, Court of Session, on Stated Case
Outcome
Determination of the Sheriff-Substitute as arbitrator recalled; case remitted to him to proceed in accordance with the principles stated by the Court.
Legal Topics
Workmen's Compensation, Calculation of Average Weekly Earnings, Master and Servant, Statutory Interpretation
Labour Law Compensation Law Workmen's Compensation Calculation of Average Weekly Earnings Master and Servant Statutory Interpretation

Case Brief

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Parties

John Carter

Appellant

John Lang & Sons

Respondent

Procedural Posture

Appeal From Arbitration Under Workmen's Compensation Act 1906 / Inner House, Court of Session, on Stated Case

Legal Issues

  1. 1 How should 'average weekly earnings' be calculated under the Workmen's Compensation Act 1906 when the period of employment includes weeks of illness or holidays?
  2. 2 Does absence due to illness or unavoidable causes interrupt the period of employment for the purpose of calculating compensation?

Ratio Decidendi

The proper method for calculating average weekly earnings under the Act is to divide the total wages earned by the number of weeks actually worked, excluding periods of absence due to illness or unavoidable causes, and to make a proportional deduction for regular trade holidays if necessary. The arbiter erred in dividing by the total number of weeks in the period of employment, including weeks where no wages were earned due to illness or holidays.

Court Disposition

Determination of the Sheriff-Substitute as arbitrator recalled; case remitted to him to proceed in accordance with the principles stated by the Court.

Orders

  • Recall of the arbitrator's determination.
  • Remit to the Sheriff-Substitute to reconsider the calculation of average weekly earnings in accordance with the Court's guidance.