Flynn v Keogh

• Jurisdiction: Ireland
• Judgment Date: 01 January 1936
• Date: 01 January 1936
• Court: Circuit Court (Irish Free State)

Cir. Ct., I.F.S.

Flynn

and

Keogh

"Workman" or independent contractor - Plumber employed with helper to do repairs on roof of respondents' business premises - Paid by time - Respondents supplied materials - Control - Treatment of partial incapacity as total incapacity - Workmen's Compensation Act (No. 9 of 1934), s. 5; s. 15 (1); Third Schedule, r. 2, 3; s. 24 (1).

A plumber was employed by respondents to repair the roof of their business premises, from which he slipped, injuring his thigh. The applicant had been in the habit of doing work for respondents when called upon. There was a standing agreement that the rate of his remuneration should be 1s. 11d. per hour. The respondents pointed out the work he was to do and supplied him with materials. Respondents also provided applicant with an assistant. Applicant at date of proceedings was fit for light work—such as working on ground floor or at a bench—but was unable to climb ladders or enter trenches. Light work of the kind indicated...