Kidd, Jack Gordon v Savage River Mines [1985] FCA 189

Kidd, Jack Gordon v Savage River Mines [1985] FCA 189

The deprivation of annual leave does not constitute an underpayment where employee has elected to take annual leave and has received wage rate plus leave loading; appropriate penalty is imposed for breach of award, but no order under s. 119(3) as no underpayment is established.

Parties
Applicant: Jack Gordon Kidd; Respondent: Savage River Mines
Jurisdiction
Australia
Judgment Date
04 March 1985
Procedural Posture
Industrial Law Proceeding / Penalty Determination and Final Orders
Outcome
Penalty imposed for breach; no order for underpayment.
Legal Topics
Breach of Award, Annual Leave, Penalty, Underpayment
Industrial Law Breach of Award Annual Leave Penalty Underpayment

Case Brief

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Parties

Jack Gordon Kidd

Applicant

Savage River Mines

Respondent

Procedural Posture

Industrial Law Proceeding / Penalty Determination and Final Orders

Legal Issues

  1. 1 whether deprivation of annual leave constitutes an underpayment under the award
  2. 2 appropriate penalty for breach or non-observance of award

Ratio Decidendi

The deprivation of annual leave does not constitute an underpayment where employee has elected to take annual leave and has received wage rate plus leave loading; appropriate penalty is imposed for breach of award, but no order under s. 119(3) as no underpayment is established.

Court Disposition

Penalty imposed for breach; no order for underpayment.

Orders

  • A penalty of $750.00 imposed on the respondent for breach or non-observance of the award.
  • The whole of the penalty to be paid to the Amalgamated Metals Foundry and Shipwrights Union.