Brady v Córas Iompair Éireann

• Jurisdiction: Ireland
• Judgment Date: 03 June 1948
• Date: 03 June 1948
• Court: Supreme Court

(S.C.),

Brady

and

Coras Iompair Eireann

-Partial incapacity - Re-employment at wages equal to pre-accident wages -Dismissal for misconduct - Right to compensation - "Post-accident average weekly amount" -". . . is earning or is able to earn in some suitable employment" - Workmen's Compensation Act, 1934 (No. 9 of 1934), s. 23; Sch. III, rr. 1 and4.

The applicant, a workman employed by the respondents, met with an accident arising out of and in the course of his employment on the 16th September, 1946, and became totally incapacitated. He was paid full compensation under the Workmen's Compensation Act, 1934, from the 16th September, 1946, to the 1st April, 1947, when, though still partially incapacitated, he returned to work and was paid at the pre-accident weekly rate. In August, 1947, he was dismissed from the employment for misconduct. He instituted proceedings under the Act of 1934, claiming compensation in respect of the said accident from the date of dismissal. The President of the Circuit Court found that but for his misconduct the applicant's post-accident average weekly earnings would have been the same as his pre-accident average weekly earnings...