Kezich v Leighton Contractors Pty Ltd [1974] HCA 50

Kezich v Leighton Contractors Pty Ltd [1974] HCA 50

Clause 2 of the schedule to the Workers' Compensation Act, 1912-1973 W.A. required the applicant's weekly earnings to be calculated by reference to the hours he would ordinarily have worked if not incapacitated, not merely the ordinary non-overtime hours prescribed by the industrial award. Because the applicant was engaged and would have continued to work sixty hours per week, and $167.50 was conceded to be the amount ordinarily earned before the accident, the Board did not err in awarding weekly payments at that rate from 27th December 1973.

Jurisdiction
Australia
Procedural Posture
Workers' Compensation Special Leave Application and Appeal / Special Leave to Appeal From the Full Court of the Supreme Court of Western Australia on a Case Stated by the Workers' Compensation Board of Western Australia
Outcome
Special leave to appeal granted; appeal allowed.
Legal Topics
['weekly Earnings' 'ordinary Hours of Work' 'overtime Payments' 'total Incapacity for Work' 'case Stated']
["workers' Compensation" 'statutory Interpretation' 'employment Law'] ['weekly Earnings' 'ordinary Hours of Work' 'overtime Payments' 'total Incapacity for Work' 'case Stated']

Case Brief

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Procedural Posture

Workers' Compensation Special Leave Application and Appeal / Special Leave to Appeal From the Full Court of the Supreme Court of Western Australia on a Case Stated by the Workers' Compensation Board of Western Australia

Legal Issues

  1. 1 ["Whether the Workers' Compensation Board erred in law in holding that the applicant was entitled to weekly payments from 27th December 1973 at the rate of $167.50." "Whether the Workers' Compensation Board erred in law in holding that from 27th December 1973 the applicant was entitled to weekly payments at a higher rate than $91.40 per week." 'How cl. 2 of the schedule to the Workers\' Compensation Act, 1912-1973 W.A. defining "weekly earnings" should be construed, particularly the expression "ordinary hours he would have worked".']

Ratio Decidendi

Clause 2 of the schedule to the Workers' Compensation Act, 1912-1973 W.A. required the applicant's weekly earnings to be calculated by reference to the hours he would ordinarily have worked if not incapacitated, not merely the ordinary non-overtime hours prescribed by the industrial award. Because the applicant was engaged and would have continued to work sixty hours per week, and $167.50 was conceded to be the amount ordinarily earned before the accident, the Board did not err in awarding weekly payments at that rate from 27th December 1973.

Court Disposition

Special leave to appeal granted; appeal allowed.

Orders

  • ["Order of the Full Court of the Supreme Court of Western Australia, whereby it answered in the affirmative two questions in a case stated by the Chairman of the Workers' Compensation Board of Western Australia, set aside." 'In lieu thereof, order that the questions in the case stated be answered in the negative.'...