Jarrad, Clifford v. Silver Top Taxi Service [1979] FCA 123

Jarrad, Clifford v. Silver Top Taxi Service [1979] FCA 123

The written authorities signed by the employees fell within clause 7(g) of the award, and clause 7(g) was not limited to deductions from wages above the award rate; therefore the deductions did not establish the alleged breach of the award and the penalty claim failed. Costs were not ordered because the proceedings were not shown to have been instituted vexatiously or without reasonable cause.

Jurisdiction
Australia
Judgment Date
14 November 1979
Procedural Posture
Claim for a Penalty Under S.119 of the Conciliation and Arbitration Act 1904 / Oral Judgment on Claim and Subsequent Argument on Costs
Outcome
Claim dismissed; no order that the claimant pay the respondent's costs.
Legal Topics
['award Enforcement' 'wage Deductions' 'penalty Proceedings' 'costs']
['industrial Law' 'employment Law'] ['award Enforcement' 'wage Deductions' 'penalty Proceedings' 'costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Claim for a Penalty Under S.119 of the Conciliation and Arbitration Act 1904 / Oral Judgment on Claim and Subsequent Argument on Costs

Legal Issues

  1. 1 ['Whether the respondent breached the Vehicle Industry - Repair, Services and Retail - Award 1976 by deducting amounts from award wages paid to three employees.' 'Whether clause 7(g) of the award permitted deductions authorised in writing by employees for petrol attendant shortages, even where the deductions reduced payment below the award amount otherwise payable.' 'Whether costs should be ordered against the claimant under s.197A after dismissal of the claim.']

Ratio Decidendi

The written authorities signed by the employees fell within clause 7(g) of the award, and clause 7(g) was not limited to deductions from wages above the award rate; therefore the deductions did not establish the alleged breach of the award and the penalty claim failed. Costs were not ordered because the proceedings were not shown to have been instituted vexatiously or without reasonable cause.

Court Disposition

Claim dismissed; no order that the claimant pay the respondent's costs.

Orders

  • ['The claim is dismissed.' 'No award for the claimant to pay the costs of the respondent.']