Thompson v Armstrong and Royse Pty Ltd [1950] HCA 46

Thompson v Armstrong and Royse Pty Ltd [1950] HCA 46

The worker is not entitled to workers’ compensation for a period in which he was incapacitated but receives full pay for annual leave and holidays under an award, because the Act compensates loss of earning power and there is no economic loss when the worker is paid in full. Holiday and leave payments are not...

Source-derived case information.

Parties
Appellant: Andrew George Thompson; Respondent: Armstrong and Royse Proprietary Limited
Jurisdiction
Australia
Judgment Date
17 November 1950
Procedural Posture
Workers' Compensation Appeal / High Court Appeal From Supreme Court of New South Wales Decision on Case Stated by Workers' Compensation Commission
Outcome
Appeal dismissed (by operation of an equally divided court)
Legal Topics
Total Incapacity, Annual Leave Pay, Holiday Pay, Statutory Construction, Double Recovery, Economic Loss
Workers' Compensation Law Employment Law Total Incapacity Annual Leave Pay Holiday Pay Statutory Construction Double Recovery Economic Loss

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Parties

Andrew George Thompson

Appellant

Armstrong and Royse Proprietary Limited

Respondent

Procedural Posture

Workers' Compensation Appeal / High Court Appeal From Supreme Court of New South Wales Decision on Case Stated by Workers' Compensation Commission

Legal Issues

  1. 1 Is a worker totally incapacitated during a period of annual holiday and public holidays entitled to worker's compensation in addition to holiday/leave pay under an industrial award?
  2. 2 Does the receipt of full wages during annual leave/holidays preclude an award of workers' compensation for incapacity resulting from injury?
  3. 3 Should payments for holiday and annual leave wages be deducted or set off against compensation under s.13 of the Act?

Ratio Decidendi

The worker is not entitled to workers’ compensation for a period in which he was incapacitated but receives full pay for annual leave and holidays under an award, because the Act compensates loss of earning power and there is no economic loss when the worker is paid in full. Holiday and leave payments are not properly set off unless made in respect of incapacity under s.13. Where incapacity does not diminish earnings, no compensation is payable.

Court Disposition

Appeal dismissed (by operation of an equally divided court)

Orders

  • Decision of the Supreme Court of New South Wales affirmed
  • Appellant to pay costs