Pickard v John Heine and Son Limited [1924] HCA 38

Pickard v John Heine and Son Limited [1924] HCA 38

A stoppage of work due to the employer's unwillingness to pay additional public holiday rates, resulting in the absence of assistants and consequent inability to employ engineers usefully, is not a stoppage by a cause the employer could not reasonably prevent within the meaning of clause 12(h) of the award; therefore, deduction of pay in such circumstances is not justified.

Parties
Appellant; Informant: Harry Pickard; Respondent; Defendant: John Heine & Son Limited
Jurisdiction
Australia
Judgment Date
20 August 1924
Procedural Posture
Appeal by Way of Case Stated (from Deputy Stipendiary Magistrate of New South Wales) / Judgment on Appeal
Outcome
Appeal allowed; penalty imposed.
Legal Topics
Award Interpretation, Deduction of Wages, Public Holidays, Construction of Industrial Instruments
Industrial Arbitration Employment Law Award Interpretation Deduction of Wages Public Holidays Construction of Industrial Instruments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Harry Pickard

Appellant; Informant

John Heine & Son Limited

Respondent; Defendant

Procedural Posture

Appeal by Way of Case Stated (from Deputy Stipendiary Magistrate of New South Wales) / Judgment on Appeal

Legal Issues

  1. 1 Whether the employer was entitled to deduct payment from an employee's weekly wage for a day on which the employee could not be usefully employed due to absence of other workers on a public holiday, under the terms of clause 12(h) of an industrial award.
  2. 2 Whether such absence constitutes a 'stoppage of work by any such cause which the employer cannot reasonably prevent' within the meaning of the award clause.

Ratio Decidendi

A stoppage of work due to the employer's unwillingness to pay additional public holiday rates, resulting in the absence of assistants and consequent inability to employ engineers usefully, is not a stoppage by a cause the employer could not reasonably prevent within the meaning of clause 12(h) of the award; therefore, deduction of pay in such circumstances is not justified.

Court Disposition

Appeal allowed; penalty imposed.

Orders

  • Appeal allowed.
  • Magistrate's decision set aside.