Grace v Taylor [1910] HCA 65

Grace v Taylor [1910] HCA 65

Tea-money under section 8 of the Minimum Wage Act 1908 (N.S.W.) is payable only when a workman is required to work after 6 p.m. on any working day, not merely because the workman has worked more than 48 hours in a week.

Parties
Appellant: Albert Edward Grace; Respondent: Walter I Taylor; Workman: Nellie Brady
Jurisdiction
Australia
Judgment Date
24 November 1910
Procedural Posture
Appeal / High Court on Appeal From Supreme Court of New South Wales
Outcome
appeal allowed
Legal Topics
Minimum Wage Act 1908, Tea Money, Overtime Pay, Statutory Interpretation
Employment Law Minimum Wage Act 1908 Tea Money Overtime Pay Statutory Interpretation

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Parties

Albert Edward Grace

Appellant

Walter I Taylor

Respondent

Nellie Brady

Workman

Procedural Posture

Appeal / High Court on Appeal From Supreme Court of New South Wales

Legal Issues

  1. 1 Is tea-money under section 8 of the Minimum Wage Act 1908 (N.S.W.) payable to an employee working more than 48 hours in a week if none of the work takes place after 6 p.m. on any day?

Ratio Decidendi

Tea-money under section 8 of the Minimum Wage Act 1908 (N.S.W.) is payable only when a workman is required to work after 6 p.m. on any working day, not merely because the workman has worked more than 48 hours in a week.

Court Disposition

appeal allowed

Orders

  • Decision of Sly J. reversed.