Monard v H M Leggo and Company Limited [1923] HCA 53

Monard v H M Leggo and Company Limited [1923] HCA 53

Certified agreements made pursuant to sec. 24(1) of the Commonwealth Conciliation and Arbitration Act 1904-1921 continue in effect after their specified period expires, pursuant to sec. 28(2), until replaced by a new award. Therefore, an individual employee who is a member of the organization which is party to the agreement may sue the employer for wages short paid under the agreement for the extended period.

Parties
Appellant, Complainant: Lilian Monard; Respondent, Defendant: H. M. Leggo & Company Limited
Jurisdiction
Australia
Judgment Date
08 November 1923
Procedural Posture
Appeal From a Court of Petty Sessions of Victoria / High Court of Australia, Decision on Appeal
Outcome
Appeal allowed
Legal Topics
Industrial Arbitration, Certified Agreements, Awards, Period of Operation, Enforceability of Industrial Agreements
Industrial Law Employment Law Industrial Arbitration Certified Agreements Awards Period of Operation Enforceability of Industrial Agreements

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 4 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lilian Monard

Appellant, Complainant

H. M. Leggo & Company Limited

Respondent, Defendant

Procedural Posture

Appeal From a Court of Petty Sessions of Victoria / High Court of Australia, Decision on Appeal

Legal Issues

  1. 1 Whether an agreement certified under sec. 24(1) of the Commonwealth Conciliation and Arbitration Act 1904-1921 continues in force after its specified period by virtue of sec. 28(2)
  2. 2 Whether a member of an organization party to such agreement can sue for wages under the agreement during the extended period

Ratio Decidendi

Certified agreements made pursuant to sec. 24(1) of the Commonwealth Conciliation and Arbitration Act 1904-1921 continue in effect after their specified period expires, pursuant to sec. 28(2), until replaced by a new award. Therefore, an individual employee who is a member of the organization which is party to the agreement may sue the employer for wages short paid under the agreement for the extended period.

Court Disposition

Appeal allowed

Orders

  • Order of Court of Petty Sessions set aside
  • Respondent to pay to appellant the sum of 10½d and £6 6s for costs in that Court