Brown v. J. & J. Cunningham, Ltd [1904] ScotLR 41_835 (16 July 1904)

Brown v. J. & J. Cunningham, Ltd [1904] ScotLR 41_835 (16 July 1904)

Where a workman is engaged at a fixed weekly wage and works a full week, the fixed wage is the proper basis for calculating compensation under the Workmen's Compensation Act 1897, regardless of any part-week worked prior to the full week.

Citation
[1904] ScotLR 41_835
Parties
Pursuer and Respondent: William Brown; Defenders and Appellants: J. & J. Cunningham, Limited
Jurisdiction
Scotland
Judgment Date
16 July 1904
Procedural Posture
Appeal From Arbitration (stated Case) / Judgment on Appeal
Outcome
appeal dismissed; award of compensation affirmed
Legal Topics
Workmen's Compensation, Average Weekly Earnings, Fixed Wage Contracts, Employer's Liability
Employment Law Compensation Law Workmen's Compensation Average Weekly Earnings Fixed Wage Contracts Employer's Liability

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Parties

William Brown

Pursuer and Respondent

J. & J. Cunningham, Limited

Defenders and Appellants

Procedural Posture

Appeal From Arbitration (stated Case) / Judgment on Appeal

Legal Issues

  1. 1 How should average weekly earnings be calculated under the Workmen's Compensation Act 1897 when a workman is employed on a fixed weekly wage but has worked only part of a preceding week?
  2. 2 Does a single day worked in a prior week require averaging over two weeks for compensation calculation?

Ratio Decidendi

Where a workman is engaged at a fixed weekly wage and works a full week, the fixed wage is the proper basis for calculating compensation under the Workmen's Compensation Act 1897, regardless of any part-week worked prior to the full week.

Court Disposition

appeal dismissed; award of compensation affirmed

Orders

  • Defenders and appellants to pay compensation to pursuer and respondent at 10s. per week, beginning 17th March 1904, and weekly thereafter.