Smith v. William Beardmore & Co., Ltd [1921] ScotLR 94 (10 December 1921)

Smith v. William Beardmore & Co., Ltd [1921] ScotLR 94 (10 December 1921)

The Sheriff-Substitute was justified in reducing compensation to 4s. 3d. per week, as the job offered was suitable, refusal was unreasonable, and statutory prohibition of Sunday labour did not apply to watchman's work.

Source-derived case information.

Citation
[1921] ScotLR 94
Parties
Appellant: Michael Smith; Respondent: William Beardmore & Company, Limited
Jurisdiction
Scotland
Judgment Date
10 December 1921
Procedural Posture
Appeal From Arbitration Award Under Workmen's Compensation Act 1906 / Court of Session Inner House Second Division, Final Judgment
Outcome
Appeal dismissed; question answered in the affirmative.
Legal Topics
Workmen's Compensation, Partial Incapacity, Suitable Employment, Sunday Labour, Statutory Interpretation
Employment Law Compensation Law Workmen's Compensation Partial Incapacity Suitable Employment Sunday Labour Statutory Interpretation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Michael Smith

Appellant

William Beardmore & Company, Limited

Respondent

Procedural Posture

Appeal From Arbitration Award Under Workmen's Compensation Act 1906 / Court of Session Inner House Second Division, Final Judgment

Legal Issues

  1. 1 Whether the Sheriff-Substitute was justified in assessing compensation at the rate of 4s. 3d. per week
  2. 2 Whether the job offered involving Sunday work was suitable employment under the Workmen's Compensation Act 1906
  3. 3 Whether Act 1579, cap. 70 prohibits acceptance of Sunday work for compensation purposes

Ratio Decidendi

The Sheriff-Substitute was justified in reducing compensation to 4s. 3d. per week, as the job offered was suitable, refusal was unreasonable, and statutory prohibition of Sunday labour did not apply to watchman's work.

Court Disposition

Appeal dismissed; question answered in the affirmative.

Orders

  • Compensation to appellant reduced to 4s. 3d. per week from 19th February 1921 until further orders of Court