Ford v SAS Trustee Corporation and Anor [2000] NSWIRComm 92

Ford v SAS Trustee Corporation and Anor [2000] NSWIRComm 92

The applicant's period of absence from 5 August 1989 to 21 September 1995 was properly characterised as special leave without pay being sick leave. As such, under s 5A of the Police Regulation (Superannuation) Act 1906, two years of this period count as eligible service for superannuation, entitling the applicant to an annual superannuation allowance for 21 years and 4 months of service.

Jurisdiction
Australia
Judgment Date
07 June 2000
Procedural Posture
Application for Declarations of Right / Final Judgment
Outcome
Declarations granted; costs ordered
Legal Topics
['entitlement to Superannuation Benefits' 'sick Leave Classification' 'declaratory Relief' 'jurisdiction' 'police Employment Conditions']
['industrial Law' 'superannuation Law' 'employment Law'] ['entitlement to Superannuation Benefits' 'sick Leave Classification' 'declaratory Relief' 'jurisdiction' 'police Employment Conditions']

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Procedural Posture

Application for Declarations of Right / Final Judgment

Legal Issues

  1. 1 ["Whether applicant's absence from duty was special leave without pay (sick leave) for superannuation purposes" 'Whether the applicant is entitled to an annual superannuation allowance based on completed years of service' 'Jurisdiction and discretion to grant declaratory orders']

Ratio Decidendi

The applicant's period of absence from 5 August 1989 to 21 September 1995 was properly characterised as special leave without pay being sick leave. As such, under s 5A of the Police Regulation (Superannuation) Act 1906, two years of this period count as eligible service for superannuation, entitling the applicant to an annual superannuation allowance for 21 years and 4 months of service.

Court Disposition

Declarations granted; costs ordered

Orders

  • ['Declare applicant was entitled to special sick leave without pay during the relevant period in accordance with employment relationship.' 'Declare applicant was on special leave without pay which was sick leave from the Police Service of NSW within the meaning of s 5A(1) of Police Regulation (Superannuation) Act...