Short v Henderson (1946) 115 LJPC 41 19

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Short v Henderson (1946) 115 LJPC 41 19

======Workmen's compensation - Workman - Contract of service-Nature of employment- Injuries sustained by dock labourer while engaged in discharging cement from ship at Campbeltown-Claim for compensation brought against H. Ltd., purchasers of cement for resale at Campbeltown - H. Ltd. responsible for discharge-M. acting as agents of H. Ltd. to attend to discharge -Dock labourers engaged by M. under group system by which work was allotted in rotation - Work paid for at tonnage rate agreed with union secretary (working dock labourer), lump sum earnings being divided equally between men employed, irrespective of individual occupation - Lump sum earnings paid by M., who also stamped national health and unemployment insurance cards, deducted dock labourers' contributions from wages and received employers' contributions from H. Ltd. - Arbitration - Whether claimant working under contract of service with H. Ltd. or as member of joint stevedoring adventure - Award of compensation by learned Sheriff-Substitute-Case stated- Award recalled by Court of Session- Appeal by claimant-Whether arbitrator misdirected himself as to the essentials of a contract of service - Consideration of relationship between claimant and H. Ltd. -Superintendence and control-Incidence of national health insurance contributions.

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