Morley v Hunkin [1938] HCA 49

Morley v Hunkin [1938] HCA 49

Section 11e of the Public Service Acts 1916 to 1925 (S.A.) conferred a personal right on Morley to continue to receive his pre-reclassification salary until he was promoted or transferred to another office providing a salary not less than that previously received. Section 21 could not be applied so as to bring about a reduction of that salary, as the specific protection in section 11e prevails over the general transfer power in section 21.

Parties
Petitioner: George James Morley; Respondent: Hunkin (Nominal Defendant)
Jurisdiction
Australia
Procedural Posture
Appeal / Appeal From the Supreme Court of South Australia to the High Court of Australia
Outcome
appeal allowed
Legal Topics
Public Service Officer Transfer, Salary Protection Provisions, Interpretation of Public Service Acts, Reduction of Salary
Public Service Law Statutory Interpretation Public Service Officer Transfer Salary Protection Provisions Interpretation of Public Service Acts Reduction of Salary

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Parties

George James Morley

Petitioner

Hunkin (Nominal Defendant)

Respondent

Procedural Posture

Appeal / Appeal From the Supreme Court of South Australia to the High Court of Australia

Legal Issues

  1. 1 Whether section 11e of the Public Service Acts 1916 to 1925 (S.A.) precludes reduction in salary on transfer under section 21 for officers protected by the section
  2. 2 Interpretation of the interaction between a general transfer/reduction power and a specific salary protection provision

Ratio Decidendi

Section 11e of the Public Service Acts 1916 to 1925 (S.A.) conferred a personal right on Morley to continue to receive his pre-reclassification salary until he was promoted or transferred to another office providing a salary not less than that previously received. Section 21 could not be applied so as to bring about a reduction of that salary, as the specific protection in section 11e prevails over the general transfer power in section 21.

Court Disposition

appeal allowed

Orders

  • Order of the Full Court set aside
  • Judgment of Cleland J. restored