Young v Tockassie [1905] HCA 17

Young v Tockassie [1905] HCA 17

Regulation 5 was not within the scope of the power conferred by s.47 of the Pacific Island Labourers Act and was inconsistent with Schedule G, which guarantees wages during illness. As the written agreement contained no stipulation for wage deduction and no evidence of general user was provided, the regulation could not operate to vary statutory contractual terms. The respondent was entitled to recover deducted wages.

Parties
Defendant: Young and Others; Plaintiff: Tockassie
Jurisdiction
Australia
Judgment Date
05 June 1905
Procedural Posture
Appeal / Judgment on Appeal From Supreme Court of Queensland
Outcome
appeal dismissed
Legal Topics
Statutory Regulations, Ultra Vires, Wage Deductions, Pacific Islander Employment, Statutory Forms of Contract
Administrative Law Employment Law Statutory Interpretation Statutory Regulations Ultra Vires Wage Deductions Pacific Islander Employment Statutory Forms of Contract

Case Brief

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Parties

Young and Others

Defendant

Tockassie

Plaintiff

Procedural Posture

Appeal / Judgment on Appeal From Supreme Court of Queensland

Legal Issues

  1. 1 Whether Regulation 5 made under Pacific Island Labourers Act was valid and operative to vary contractual terms regarding wage deduction during sickness
  2. 2 Whether Regulation 5 was inconsistent with Schedule G to the Act and thus ultra vires

Ratio Decidendi

Regulation 5 was not within the scope of the power conferred by s.47 of the Pacific Island Labourers Act and was inconsistent with Schedule G, which guarantees wages during illness. As the written agreement contained no stipulation for wage deduction and no evidence of general user was provided, the regulation could not operate to vary statutory contractual terms. The respondent was entitled to recover deducted wages.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.