Workers’ Charges

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This is a part of The Worker’s Liens Casebook, by Robert Fenwick Elliott. Copyright © 2010

Copies of text of no more than 500 words may be made, provided they are accompanied by due attribution.

  1. Workers may be entitled to charges under section 7(1); see para 165 above.
  2. Such charges are limited in amount to $200. Such a very low limit means that they are of virtually no practical use, since the cost of enforcing them is likely to far exceed their value. There appear to be no recent reported case of the use.
  3. Further, it appears that individuals employed either on a self-employed basis or on a wage also fall within the definition of sub-contractors under section 2, and as such are entitled to the benefit of a sub-contractor’s charge, free from that $200 limit. Accordingly, if a worker is seeking a charge, he will be much better placed if he makes his claim qua subcontractor under section 7 than qua worker under section 7(1).

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