Macdonald v. Singer Manufacturing Co., Ltd [1923] ScotLR 370 (03 March 1923)

Macdonald v. Singer Manufacturing Co., Ltd [1923] ScotLR 370 (03 March 1923)

The ordinary civil courts retained jurisdiction to enforce wage claims arising under the Wages (Temporary Regulation) Act 1918 after expiry of the Act and its tribunals, provided the prescribed or substituted rate had been ascertained during the Act's operation; the 5s. war advance was to be added to the prescribed or substituted minimum rate, not to actual wages paid, and as the pursuer had received wages in excess of that rate, her claim failed.

Citation
[1923] ScotLR 370
Parties
Pursuer: Helen Macdonald; Defender: Singer Manufacturing Company, Limited
Jurisdiction
Scotland
Judgment Date
03 March 1923
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session, Inner House, First Division
Outcome
appeal sustained; action dismissed; defenders assoilzied (absolved)
Legal Topics
Wages, Statutory Minimum Wage, Jurisdiction of Statutory Tribunals, Enforcement of Statutory Rights, War/emergency Legislation
Employment Law Statutory Interpretation Civil Procedure Wages Statutory Minimum Wage Jurisdiction of Statutory Tribunals Enforcement of Statutory Rights War/emergency Legislation

Case Brief

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Parties

Helen Macdonald

Pursuer

Singer Manufacturing Company, Limited

Defender

Procedural Posture

Civil / Appeal From Sheriff Court to Court of Session, Inner House, First Division

Legal Issues

  1. 1 Whether the ordinary civil courts had jurisdiction to entertain an action for wages allegedly due under the Wages (Temporary Regulation) Act 1918 after expiry of the Act and its enforcement machinery.
  2. 2 Whether the 5s. war advance authorised by award was to be added to the actual wages paid or only to the prescribed statutory minimum rate.

Ratio Decidendi

The ordinary civil courts retained jurisdiction to enforce wage claims arising under the Wages (Temporary Regulation) Act 1918 after expiry of the Act and its tribunals, provided the prescribed or substituted rate had been ascertained during the Act's operation; the 5s. war advance was to be added to the prescribed or substituted minimum rate, not to actual wages paid, and as the pursuer had received wages in excess of that rate, her claim failed.

Court Disposition

appeal sustained; action dismissed; defenders assoilzied (absolved)

Orders

  • Recall interlocutors of Sheriff and Sheriff-Substitute prior to 4th May 1922 in so far as they repel the defenders' fourth plea-in-law.
  • Recall interlocutors of 4th May 1922 and 26th June 1922.