Considine and Another v. M'Inerney [1916] UKHL 406 (11 April 1916)

Considine and Another v. M'Inerney [1916] UKHL 406 (11 April 1916)

Pension and gratuity paid by the employer to the employee upon incapacity due to injury are 'payments, allowances, or benefits' within the meaning of the Workmen's Compensation Act 1906, Schedule I (3), and must be taken into account in fixing the amount of weekly compensation. The fact that the employee had no legal right to enforce the pension or gratuity, and that these were not directly purchased by deductions from salary, does not exclude them from consideration under the Act.

Citation
[1916] UKHL 406
Parties
Appellant: Considine and Another; Respondent: M'Inerney
Jurisdiction
United Kingdom
Judgment Date
11 April 1916
Procedural Posture
Appeal / House of Lords (on Appeal From the Court of Appeal in Ireland)
Outcome
Appeal allowed; decision of the Court of Appeal in Ireland reversed.
Legal Topics
Workmen's Compensation, Calculation of Compensation, Pensions and Gratuities, Statutory Interpretation
Employment Law Compensation Law Administrative Law Workmen's Compensation Calculation of Compensation Pensions and Gratuities Statutory Interpretation

Case Brief

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Parties

Considine and Another

Appellant

M'Inerney

Respondent

Procedural Posture

Appeal / House of Lords (on Appeal From the Court of Appeal in Ireland)

Legal Issues

  1. 1 Whether pension and gratuity paid to a Crown employee upon injury should be considered in calculating compensation under the Workmen's Compensation Act 1906

Ratio Decidendi

Pension and gratuity paid by the employer to the employee upon incapacity due to injury are 'payments, allowances, or benefits' within the meaning of the Workmen's Compensation Act 1906, Schedule I (3), and must be taken into account in fixing the amount of weekly compensation. The fact that the employee had no legal right to enforce the pension or gratuity, and that these were not directly purchased by deductions from salary, does not exclude them from consideration under the Act.

Court Disposition

Appeal allowed; decision of the Court of Appeal in Ireland reversed.

Orders

  • Pension and gratuity to be taken into account in fixing compensation under the Workmen's Compensation Act 1906.
  • Award of the recorder reinstated; costs to appellants.