s.2Definitions and interpretation
2
Section 2Part 1 — Preliminary

Definitions and interpretation

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In this Law —
means a person who is not under the age of seventeen years;
includes horticulture and the cultivation of the ground for any purpose, sowing seeds, planting, removing crops, animal husbandry and forestry;
means agricultural land which is occupied, farmed or managed as a single unit, and includes two or more parcels of such land contiguous one to another;
means the Grand Court of the Islands;
means —
such of the members of a workman’s family as were wholly or in part dependent upon the wages of the workman at the time of his death, or would, but for the incapacity due to the accident, have been so dependent;
such of the following persons as were wholly or in part dependent upon the wages of the workman at the time of his death, or would, but for the incapacity due to the accident, have been so dependent —
any minor not being a member of the workman’s family; and
a parent or grandparent of whom the workman is the illegitimate child or grandchild; and
any other person who satisfies the Court that, immediately before the occurrence of the accident, his relationship with the workman was such as to render him wholly dependent upon the wages of the workman and that either —
there are no such dependants as are referred to in paragraphs (a) and (b); or
special circumstances exist which justify that person’s being treated as a dependent within the meaning of paragraph (a):
includes Her Majesty in Her Government of the Islands and any person or body of persons corporate or unincorporate and the heirs of a deceased employer, and where the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract of service or apprenticeship, the latter shall, for the purposes of this Law, save as is provided in section 18(1), be deemed to continue to be the employer of the workman whilst he is working for that other person; and in relation to a person employed for the purposes of any game or recreation and engaged or paid by a club, the manager or members of the managing committee of the club shall, for the purposes of this Law, be deemed to be the employer;
means a Judge of the Grand Court;
in relation to a ship, means the ship’s husband or other person to whom the management of the ship is entrusted by or on behalf of the owner;
means wife, husband, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother and half-sister;
means a person who is under the age of seventeen years;
means, where the incapacity is of a temporary nature, such incapacity as reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in incapacity, and, where the incapacity is of a permanent nature, such incapacity as reduces his earning capacity in every employment which he was capable of undertaking at that time: Provided that every injury specified in the Schedule shall be deemed to result in permanent partial incapacity;
shall have the same meaning as in the Merchant Shipping Act, 1894 of the United Kingdom;
means such incapacity, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such incapacity: Provided that permanent total incapacity shall be deemed to result from the permanent total loss of the sight of both eyes or from any combination of injuries specified in the Schedule where the aggregate percentage of the loss of earning capacity, as specified in the Schedule against those injuries, amounts to one hundred per cent;
includes any privilege or benefit which is capable of being estimated in money, other than a travelling allowance, the value of any travelling concession or a contribution paid by the employer of a workman towards any pension or provident fund or a sum paid to a workman to cover any special expenses entailed on him by the nature of his employment, or remuneration for overtime not habitually performed or remunerated at a special rate;
means any person who has entered into or works under a contract of service or apprenticeship with an employer, whether by way of manual labour or otherwise, whether the contract is express or implied, is oral or in writing, and whether the remuneration is calculated by time or by work done; so, however, that any such person whose remuneration exceeds one thousand five hundred dollars a year shall not be regarded as a workman unless his contract of service or apprenticeship so provides: Provided that the following persons shall not be regarded for the purposes of this Law as workmen —
persons employed to perform work of a casual nature not connected with the employer’s trade or business not being persons employed for the purposes of any game or recreation and engaged and paid by a club;
outworkers, that is to say, persons to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, or repaired or adapted for sale in their own homes or on other premises not under the control or management of the person who gave out the articles or materials;
a member of the employer’s family dwelling in his house;
persons employed in agriculture, unless employed on agricultural holdings of twenty-five acres or more, or such employment be in connection with any engine driven or machine worked by mechanical power;
domestic servants except —
those employed in a hotel, guesthouse, boarding house, residential club or other establishment of a like nature; and
those who, in the performance of their duties as domestic servants, are engaged in driving any motor vehicle;
persons who contract or sub-contract for the carrying out of work and themselves engage other persons, independently of the employer, to perform such work;
persons engaged in driving on roads motor vehicles or other mechanically propelled vehicles other than public passenger vehicles or commercial motor cars; or
persons in the naval, military or air service of the Crown.
Any reference to a workman who has been injured shall, where the workman is dead, include a reference to his legal personal representative or to his dependent or other person to whom or for whose benefit compensation is payable.
If, on any proceedings for the recovery of compensation under this Law, it appears to the Court by which the claim for compensation is to be settled that the contract of service or apprenticeship under which the injured person was working at the time when the accident causing the injury happened was illegal, the Court may, if having regard to all the circumstances of the case it thinks proper so to do, deal with the matter as if the injured person had at the time aforesaid been a person working under a valid contract of service or apprenticeship.

Defined Terms

adultagricultureagricultural holdingCourtdependantsemployerJudgemanagermember of the familyminorpartial incapacityshipvesselseamanporttotal incapacitywagesworkman

Cross References