Warner v Minister for Industry and Commerce and Hayden

• Jurisdiction: Ireland
• Judgment Date: 01 January 1929
• Date: 01 January 1929
• Court: Supreme Court (Irish Free State)

S. C., I.F.S.]

Warner

and

Minister for Industry and Commerce and Hayden

Excepted employments- "Employment in agriculture" - Dairy farm - Employee who milked cows and delivered milk - Whether employed in agriculture - Practice- Appeal - "Final order" of High Court -Appeal to Supreme Court - Right of appeal given by the Constitution of the Irish Free State -Unemployment Insurance Act, 1920 (10 11 Geo. 5, c. 30), ss. 1, 10 (1), (4) and (5); s. 47 (2): Sch. I, Part I, Part II (a) - Constitution of the Irish Free State (Saorstát Eireann) Act(No. 1 of 1922), Sch. I, Art. 66.

By s. 1 of the Unemployment Insurance Act, 1920, persons engaged in the "excepted employments"specified in Sch. I, Part II, of the Act, are excepted from the provisions of the Act as to insurance against unemployment. Sch. I, Part II, includes amongst the "excepted employments," "employment in agriculture, including horticulture and forestry." H. was employed by a dairy farmer, who had a farm of about 200 acres in the County of Dublin, and who tilled about 50 acres and kept 100 cows, and sold he milk in the city and suburbs of Dublin. H. used to come to the farm about 5 o'clock in the morning, milk the cows, get ready a horse and cart, and then go into the city and distribute the milk. On his return he washed the cans, tended his horse, drove in the cows, again milked them and delivered the milk. When he returned the second time, after tending his horse and cleansing the cans, his duties were ended. Held, by the Supreme Court (FitzGibbon and Murnaghan, JJ.; Kennedy, C.J.. dissenting), affirming Johnston, J., that H. was employed in...