The National Insurance (Industrial Injuries) Act, 1946 / with general introduction and annotations by N.P. Shannon and Douglas Potter.

  • United Kingdom
Date:
1946
Catalogue details

Licence: Public Domain Mark

Credit: The National Insurance (Industrial Injuries) Act, 1946 / with general introduction and annotations by N.P. Shannon and Douglas Potter. Source: Wellcome Collection.

    224/252 (page 214)
    NO. 35.—NATIONAL INSURANCE (INDUSTRIAL INJURIES) too (see note (e), supra), the cases are merely illustrations,’ and each depends upon its own particular set of facts. The decisive factor is the amount of connection of the work with the trade or business. This connection is not established merely by showing that the work is done on business premises, and is not negatived by showing that the premises where the work is done are used also for non-business purposes ; see generally Manton v. Cantwell, [1920] A.C. 781 ; 34 Digest 257, 2799. It should be noted that by section 88 (4), ante, for the purposes of this Act the exercise and performance of the powers and duties ofa public.or ieea authority are to be treated as the trade or business of that authority. In the following’ cases persons have been held to be in equi anene Or ae pur- poses of the employer’s trade or business ’’— Johnson v. Monasterevan Store Co. (1908), 42 Ir. L.T. 268; 34 Digest 257, 2202 i (repairs to roof of business premises) ; Tombs v. Bornford (1912), 5 B.W.C.C. 338 ; 34 Digest 257, 2207 (employment of neighbour by farmer to cut boundary hedge separating neighbour’s garden from farmer’s land) ; Cotter v. Johnson (1911), 45 Ir. L.T. 259 ; 34 Digest 257, 2202 ia (farmer employing man casually to lop trees which were damaging his buildings) ; Boothby v. Patrick (1918), 120 L.T. 7; 34 Digest 258, 2203 (man employed to assist permanent workmen in dismantling crane which was being moved for re-erection at an extension of works not yet built) ; Manton v. Cantwell, [1920] A.C. 781 ; 34 Digest 257, 2799 (employment to thatch roof of farmhouse) ; Farleigh v. Parker and Lang (1930), 23 B.W.C.C. 490 ; Digest Supp. (employment of builder after he had completed repair of roof of farm- house to cut away boughs of tree which overhung the roof). It must not be thought that the above cases establish, as a proposition of law, that if a person is employed to repair business premises'or to do something that is advan- tageous for improving those premises, he is necessarily employed for the purposes of the trade or business within the meaning of the Act: the question involved is one of degree and of fact, and a finding cannot be disturbed if there is evidence to support it and no misdirection in law. Hence the Minister’s decision on these points (see section 36 (1) (a) (i), and section 36 (3), ante) will usually be final, though if it is alleged that there is no evidence to support it, or that it is founded ona misconception of the law, the matter can be brought before the High Court on a point of law under section 37 (1), ante; see generally Manton v. Cantwell, supra, approving the observations of the Court of Appeal in Alderman v. Warren (1916), 9 B.W.C.C. 507 ; 34 Digest 257, 2202. In the following cases persons have been held not to be employed “ for the purposes of the employer’s trade or business ’’—Rennie v. Reid, [1908] S.C. 1051 (cleaning win- (1907), 98 L.T. 257 ; 34 Digest 257, 2200 (repair of houses for a person who was one of several co-owners, and who managed the property, collected the rents, and accounted to his co-owners without fee or reward) ; Kelly v. Buchanan (1913), 47 Ir. L.T. 228 ; 34 Digest 258, 2202 u (repair of property for a person who at rear of his shop had cottages which he let to tenants) ; Miles v. Dawe (1915), 8 B.W.C.C. 225 ; 34 Digest 257, 2798 (repairs to property of private property owner) ; Alderman v. Warren (1916), 9 B.W.C.C. 507 ; 34 Digest 257, 2202 (taking down and repairing a stove and chimney in public house) ; Nash v. Nani (No. 2) (1932), 25 B.W.C.C. 275 ; Digest Supp. (whitewashing rooms which employer let furnished to guests as a means of making a livelihood). (g) Pilots.—As to pilots, see paragraph 3 of Part I of this Schedule, ante, and paragraph 3 of Part II, ante. (hk) Employment for the purposes of any game or recreation.—Persons employed casually for the purposes of any game or recreation and engaged or. paid through a club were first brought within the Workmen’s Compensation scheme by the Act of 1923. In relation to such persons the Minister may provide by regulations under section 80 (1) of this Act, ante, who is to be treated for the purposes of the Act as the insured person’s employer: under section 5 (3) of the Workmen’s Compensation Act, 1925; Willis 208; the manager, or members of the managing committee, of the club were deemed to be the employers. (:) Member of any such organisation as may be prescribed.—tThe effect of this provision is that casual employment as a member of a prescribed fire brigade, rescue brigade, first-aid party or salvage party at a factory, mine or works, or of any such similar organisation as may be prescribed under paragraph 8 of Part I of this Schedule, ante, will be insurable employment. Casual employment as a person training to become a member of such an organisation is not, however, insurable employment, although non-casual trainee’s is. (k) Employment in the service of husband or wife.—Such employment is now wholly excluded from the range of insurable employments, whereas under the Workmen’s Compensation Act, 1925, it was only excluded if the husband or wife who was employed was dwelling in the employer’s house ; see sections 3 (2) (e) and section 4 (3) of the 1925 Act; Willis 161, 187. The present provision is in accordance with the exclusion of employed husbands and wives in paragraph (g) of Part II of Schedule I to the National Health Insurance Act, 1936; 29 Halsbury’s Statutes 1191 ; and para- graph 13 of Part II of Schedule Ito the Unemployment Insurance Act, 1935; 28 Hals- bury’s Statutes 571. There is no provision that the husband and wife must be living together before the exclusion applies. See also note (/), infra. “ ke at oe a 4 Fl - * : 2 SE Oe ee te een sa eS