Gilroy v. Mackie and Others (Leith Distress Committee) [1909] ScotLR 325 (23 January 1909)

Gilroy v. Mackie and Others (Leith Distress Committee) [1909] ScotLR 325 (23 January 1909)

The relationship between the distress committee and the applicant was one of employment within the meaning of the Workmen's Compensation Act 1906, and poor relief received from the poor law authorities could not be set off against compensation due from the distress committee.

Citation
[1909] ScotLR 325
Parties
Appellant: John Gilroy; Respondents: Mackie and Others (Leith Distress Committee)
Jurisdiction
Scotland
Judgment Date
23 January 1909
Procedural Posture
Appeal From Arbitration (sheriff Court) / Inner House, First Division, Court of Session
Outcome
Appeal allowed; case remitted to Sheriff for further consideration of compensation quantum.
Legal Topics
Workmen's Compensation, Definition of Employment, Statutory Interpretation, Set Off of Poor Relief Against Compensation
Employment Law Social Welfare Law Workmen's Compensation Definition of Employment Statutory Interpretation Set Off of Poor Relief Against Compensation

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Parties

John Gilroy

Appellant

Mackie and Others (Leith Distress Committee)

Respondents

Procedural Posture

Appeal From Arbitration (sheriff Court) / Inner House, First Division, Court of Session

Legal Issues

  1. 1 Whether a person engaged in temporary work provided by a distress committee under the Unemployed Workmen Act 1905 is a 'workman' within the meaning of the Workmen's Compensation Act 1906
  2. 2 Whether poor relief received during incapacity is to be set off against compensation due under the Workmen's Compensation Act 1906

Ratio Decidendi

The relationship between the distress committee and the applicant was one of employment within the meaning of the Workmen's Compensation Act 1906, and poor relief received from the poor law authorities could not be set off against compensation due from the distress committee.

Court Disposition

Appeal allowed; case remitted to Sheriff for further consideration of compensation quantum.

Orders

  • First question (workman status) answered in the affirmative.
  • Second question (set-off of poor relief) answered in the negative.