Shugg v Commissioner for Road Transport and Tramways (NSW) [1937] HCA 50

Shugg v Commissioner for Road Transport and Tramways (NSW) [1937] HCA 50

A casual employee appointed under sec. 101 of the Transport Act 1930 (N.S.W.), who is employed continuously or indefinitely, is an 'officer' within sec. 123 and is entitled to the leave benefits provided therein, including leave in lieu of bank holidays worked. The statutory definition of 'officer' applies unless the context or subject matter excludes such employees, which it does not in this case.

Parties
Appellant, Plaintiff: Harold Robert Shugg; Respondent, Defendant: Commissioner for Road Transport and Tramways (New South Wales)
Jurisdiction
Australia
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales (full Court)
Outcome
Appeal allowed. Decision of the Full Court set aside. Plaintiff entitled to verdict and costs.
Legal Topics
Definition of 'officer' Under Transport Act, Entitlement to Leave for Casual Employees, Bank Holidays and Employment Benefits
Transport Law Employment Law Statutory Interpretation Definition of 'officer' Under Transport Act Entitlement to Leave for Casual Employees Bank Holidays and Employment Benefits

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Parties

Harold Robert Shugg

Appellant, Plaintiff

Commissioner for Road Transport and Tramways (New South Wales)

Respondent, Defendant

Procedural Posture

Appeal / On Appeal From the Supreme Court of New South Wales (full Court)

Legal Issues

  1. 1 Whether a casual employee appointed under sec. 101 of the Transport Act 1930 (N.S.W.) is an 'officer' for the purposes of sec. 123 and therefore entitled to leave in lieu of working on bank holidays

Ratio Decidendi

A casual employee appointed under sec. 101 of the Transport Act 1930 (N.S.W.), who is employed continuously or indefinitely, is an 'officer' within sec. 123 and is entitled to the leave benefits provided therein, including leave in lieu of bank holidays worked. The statutory definition of 'officer' applies unless the context or subject matter excludes such employees, which it does not in this case.

Court Disposition

Appeal allowed. Decision of the Full Court set aside. Plaintiff entitled to verdict and costs.

Orders

  • Order of Full Court set aside.
  • Question in special case answered: Yes.