Bishop v Ford and Petrie [1925] HCA 19

Bishop v Ford and Petrie [1925] HCA 19

By majority (Higgins, Knox CJ, Starke JJ), the employee was not entitled to the loaded ('broken week') rate for the four-day period at issue because she worked the full ordinary week's hours (48) in the relevant statutory week (defined as midnight Saturday to the next Saturday). The employer's practice of paying wages on Thursday, or using a non-standard week, does not alter statutory obligations or entitlements. The loading applies only where the employment in fact covers less than the ordinary week's work for that relevant week.

Parties
Informant/appellant: Albert A. Bishop; Defendants/respondents: Ford & Petrie; Employee (witness): Christinia McNiven
Jurisdiction
Australia
Judgment Date
16 June 1925
Procedural Posture
Appeal (special Leave) From Order Nisi to Review / Final Appellate Judgment of the High Court of Australia
Outcome
Appeal dismissed
Legal Topics
Payment of Wages, Interpretation of 'ordinary Week's Work', Factories and Shops Legislation
Employment Law Industrial Law Payment of Wages Interpretation of 'ordinary Week's Work' Factories and Shops Legislation

Case Brief

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Parties

Albert A. Bishop

Informant/appellant

Ford & Petrie

Defendants/respondents

Christinia McNiven

Employee (witness)

Procedural Posture

Appeal (special Leave) From Order Nisi to Review / Final Appellate Judgment of the High Court of Australia

Legal Issues

  1. 1 Whether an employee employed on time wages for a period less than the ordinary week's work is entitled to a loaded rate under sec. 141(3) Factories and Shops Act 1915 (Vic) as replaced by sec. 18 Factories and Shops Act 1922 (Vic) when the period is a broken week
  2. 2 Definition of 'week' for the purpose of wage calculation under the Act
  3. 3 Effect of employer's established pay period versus statutory definitions

Ratio Decidendi

By majority (Higgins, Knox CJ, Starke JJ), the employee was not entitled to the loaded ('broken week') rate for the four-day period at issue because she worked the full ordinary week's hours (48) in the relevant statutory week (defined as midnight Saturday to the next Saturday). The employer's practice of paying wages on Thursday, or using a non-standard week, does not alter statutory obligations or entitlements. The loading applies only where the employment in fact covers less than the ordinary week's work for that relevant week.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs