Curley v Ryan

• Jurisdiction: Ireland
• Judgment Date: 01 January 1946
• Date: 01 January 1946
• Court: Circuit Court

(Cir. Ct.),

Curley

and

Ryan

-Compensation -"Workman" or "independent contractor" -Whether contract of employment one of service or for services - Applicant remunerated on time basis - Materials for work supplied by employer -Implements supplied by applicant - Applicant assisted in work by servant of employer - Measure of control Workmen's Compensation Act, 1934, s. 5.

When a person was employed to repair a building, using his own implements and working in his own time, the materials for use in the work together with the services of an assistant being supplied by the employer, the employee was held to be a "workman" within the meaning of the Workmen's Compensation Act, 1934, and not an independent contractor, and accordingly, having suffered injuries by accident arising out of and in the...