Mackinnon Mackenzie & Co. v Ibrahim Mahmmed Issak (1969)

Labour Law II · Competent Authority — Powers, Notice, Claim and Deposit

Facts.

A seaman disappeared from the employer’s ship at sea; the exact cause of death was unknown.

Issue.

Must the dependants prove precisely how the accident happened?

Held.

No. Where the facts reasonably point to an accident connected with the employment, the injury is presumed to arise out of it; certainty of cause is not required.

Why it matters.

It fixes the burden of proof in the worker’s favour — the standard authority on “arising out of employment”.

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