Dobbie v. Coltness Iron Co., Ltd [1919] ScotLR 144 (21 December 1919)

Dobbie v. Coltness Iron Co., Ltd [1919] ScotLR 144 (21 December 1919)

Deductions from the pursuer's wages were not determined in accordance with any of the statutory modes prescribed by section 12(1) of the Coal Mines Regulation Act 1887, as there was a checkweigher in office who did not concur and no valid reference to a third party was made; therefore, the deductions were illegal and the pursuer is entitled to decree for the sum claimed, less the admitted overstatement.

Citation
[1919] ScotLR 144
Parties
Pursuer: James Dobbie; Defenders: Coltness Iron Company, Limited
Jurisdiction
Scotland
Judgment Date
21 December 1919
Procedural Posture
Civil / Appeal Judgment
Outcome
appeal dismissed; decree for pursuer
Legal Topics
Wages, Statutory Deductions, Coal Mining Regulation, Employment Contracts, Statutory Compliance
Labour Law Mining Law Statutory Interpretation Wages Statutory Deductions Coal Mining Regulation Employment Contracts Statutory Compliance

Case Brief

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Parties

James Dobbie

Pursuer

Coltness Iron Company, Limited

Defenders

Procedural Posture

Civil / Appeal Judgment

Legal Issues

  1. 1 Whether deductions from miners' wages for non-coal material were made in accordance with the Coal Mines Regulation Act 1887, section 12(1)
  2. 2 Whether the presence and conduct of the checkweigher affected the legality of deductions
  3. 3 Whether deductions could be made by average without agreement or checkweigher concurrence

Ratio Decidendi

Deductions from the pursuer's wages were not determined in accordance with any of the statutory modes prescribed by section 12(1) of the Coal Mines Regulation Act 1887, as there was a checkweigher in office who did not concur and no valid reference to a third party was made; therefore, the deductions were illegal and the pursuer is entitled to decree for the sum claimed, less the admitted overstatement.

Court Disposition

appeal dismissed; decree for pursuer

Orders

  • Defenders to pay pursuer £6, 17s. 2d.