KIRAZ v CLASSIC TILES PTY LTD [1995] NSWCA 243

KIRAZ v CLASSIC TILES PTY LTD [1995] NSWCA 243

Overtime payments should be disregarded in calculating the current weekly wage rate and compensation under s40 of the Act, and Judge Maguire was correct to use the award rate (excluding overtime) as the probable pre-injury earnings.

Parties
Appellant: Albert Kiraz; Respondent: Classic Tiles Pty Ltd
Jurisdiction
Australia
Judgment Date
18 August 1995
Procedural Posture
Workers Compensation Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Partial Incapacity, Weekly Compensation Calculation, Overtime Exclusion
Workers Compensation Employment Law Partial Incapacity Weekly Compensation Calculation Overtime Exclusion

Case Brief

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Parties

Albert Kiraz

Appellant

Classic Tiles Pty Ltd

Respondent

Procedural Posture

Workers Compensation Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether overtime earnings should be included in calculation of weekly compensation payments under s40 of Workers Compensation Act 1987
  2. 2 Correct interpretation of s40(1), s40(2), s42(1)(a), s42(6) Workers Compensation Act 1987

Ratio Decidendi

Overtime payments should be disregarded in calculating the current weekly wage rate and compensation under s40 of the Act, and Judge Maguire was correct to use the award rate (excluding overtime) as the probable pre-injury earnings.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Judge Maguire's order that the respondent pay costs set aside