Valentine v. Gow Harrison & Co. [1921] ScotLR 303 (05 February 1921)

Valentine v. Gow Harrison & Co. [1921] ScotLR 303 (05 February 1921)

Engineer officers are entitled to overtime pay only for actual work performed outside ordinary hours when not given equivalent time off-duty; mere presence or being on duty does not constitute 'time worked' for overtime purposes under the ship's articles.

Citation
[1921] ScotLR 303
Parties
Pursuer: John Lough Valentine; Defenders: Gow Harrison & Company
Jurisdiction
Scotland
Judgment Date
05 February 1921
Procedural Posture
Civil / Appeal (court of Session Inner House Second Division)
Outcome
appeal dismissed
Legal Topics
Overtime Pay, Construction of Contract Terms, Ship's Articles, Seaman Employment Conditions
Employment Law Contract Law Maritime Law Overtime Pay Construction of Contract Terms Ship's Articles Seaman Employment Conditions

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Parties

John Lough Valentine

Pursuer

Gow Harrison & Company

Defenders

Procedural Posture

Civil / Appeal (court of Session Inner House Second Division)

Legal Issues

  1. 1 Whether engineer officers are entitled to overtime pay for night duty when not given equivalent time off-duty under ship's articles
  2. 2 Interpretation of 'time worked' versus 'time on duty' in overtime provisions

Ratio Decidendi

Engineer officers are entitled to overtime pay only for actual work performed outside ordinary hours when not given equivalent time off-duty; mere presence or being on duty does not constitute 'time worked' for overtime purposes under the ship's articles.

Court Disposition

appeal dismissed

Orders

  • Assoilzie the defenders from the conclusions of the action
  • Decern for defenders