Hayden v Malone

• Jurisdiction: Ireland
• Judgment Date: 06 March 1940
• Date: 06 March 1940
• Court: High Court

Hayden

and

Malone

Employer failing to pay - Claim for damages against employer by employee for loss of benefits - Claim brought in Circuit Court - Whether claim should have been brought in District Court - National Health Insurance Act, 1918, entitling an employee "to recover summarily from the employer as a civil debt" the amount of benefits lost - Whether proceedings limited to those in a Court of summary jurisdiction - Whether such proceedings the exclusive remedy.

By s. 40, sub-s. 1, of the National Health Insurance Act, 1918, where an employer has failed or neglected to pay any contribution which he is liable to pay in respect of any insured person in his employment (referred to in the section as an "employee") and by reason whereof the employee has lost any benefits to which he would have been...