Woolfe v. Colquhoun [1912] ScotLR 911 (12 July 1912)

Woolfe v. Colquhoun [1912] ScotLR 911 (12 July 1912)

A fisherman employed under a contract of service, paid a fixed wage and an additional commission based on gross earnings, is not excluded from compensation under section 7(2) of the Workmen's Compensation Act 1906, as his true and substantial remuneration is by wages, not by a share in profits or gross earnings.

Citation
[1912] ScotLR 911
Parties
Respondent: Joseph Walter Woolfe; Appellant: John Colquhoun
Jurisdiction
Scotland
Judgment Date
12 July 1912
Procedural Posture
Appeal From Sheriff Court (case Stated) / Pre Proof, Legal Question on Exclusion Under Statute
Outcome
Appeal dismissed; respondent entitled to proceed to proof.
Legal Topics
Workmen's Compensation, Master and Servant, Remuneration by Shares, Statutory Exclusion
Labour Law Compensation Law Workmen's Compensation Master and Servant Remuneration by Shares Statutory Exclusion

Case Brief

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Parties

Joseph Walter Woolfe

Respondent

John Colquhoun

Appellant

Procedural Posture

Appeal From Sheriff Court (case Stated) / Pre Proof, Legal Question on Exclusion Under Statute

Legal Issues

  1. 1 Whether a fisherman paid both a fixed wage and a commission based on gross earnings is excluded from compensation under section 7(2) of the Workmen's Compensation Act 1906.

Ratio Decidendi

A fisherman employed under a contract of service, paid a fixed wage and an additional commission based on gross earnings, is not excluded from compensation under section 7(2) of the Workmen's Compensation Act 1906, as his true and substantial remuneration is by wages, not by a share in profits or gross earnings.

Court Disposition

Appeal dismissed; respondent entitled to proceed to proof.

Orders

  • Sheriff-Substitute's interlocutor affirmed; proof allowed.